Point of Law: If marriage between husband and wife ended as null and void, offence under Section 498A of IPC cannot be sustained.

ORDER :

1. This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dated 18.01.2019 in C.C.No.3980/2011 on the file of the Court of the Principal Civil Judge and J.M.F.CI at Tumakuru and its confirmation judgment and order dated 04.10.2019 in Crl.A.No.2/2019 on the file of the Court of the VI Additional District and Sessions Judge at Tumakuru seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Sections 498A of Indian Penal Code (for short ‘IPC’).

2. The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

Brief facts of the case are as under:

3. It is the case of the prosecution that, the complainant married the petitioner as second wife and it is stated in the said complaint that, initially upto five years, both the petitioner and the complainant were living cordially. In the said marriage, the couple had a male child. After she gave birth to the child, she had some health issues. Later on, she was affected due to paralysis, which led her to lose control over her legs, she became incapacitated. The petitioner, due to the said health issues of the complainant, started harassing her and it is stated that, she was being subjected to cruelty and mental torture. It is further stated that, she was being abused in a filthy language and she was thrown out of the matrimonial home. After she was thrown out of the matrimonial home, she started living by running a petty shop for her livelihood. Then also, the petitioner started quarreling and threatened her that he would pour kerosene and lit fire to the shop along with her, if she continued to run petty shop in that area. Unable to tolerate the cruelty and harassment of the petitioner, the complainant has lodged a complaint before the jurisdictional police. The police have registered a case and submitted the charge sheet.

4. To prove the case of the prosecution, the prosecution examined, in all, 7 witnesses namely PWs.1 to 7 and got marked Exhibits P1 to P4. The Trial Court after appreciating the oral and documentary evidence on record, convicted the petitioner for the offence punishable under Section 498A of IPC. Being aggrieved by the same, the petitioner preferred an appeal before the Appellate Court, the Appellate Court confirmed the judgment of conviction rendered by the Trial Court. Being aggrieved by the same, the petitioner has preferred this revision petition seeking to set aside the concurrent findings.

5. It is the submission of learned counsel for the petitioner that, the Trial Court and the Appellate Court committed grave error in not appreciating the evidence and law properly, hence, the same is required to be set aside. The main contention of the learned counsel for the petitioner is that, the complainant being the second wife of the petitioner, the offence under Section 498A of IPC cannot be attracted and both the Courts below have committed error in not considering that aspect. In support of his contention, learned counsel for the petitioner has made available and relied on the judgments of the Hon’ble Supreme Court in Shivcharan Lal Verma & Another v. State of Madhya Pradesh, (2007) 15 SCC 369 and P.Sivakumar & Others v. State, Rep. by the Deputy Superintendent of Police etc., Crl.A.No.1408-1409/2012, disposed of on 09.02.2023. Making such submission, learned counsel for the petitioner prays to allow the revision petition and set aside the concurrent findings of conviction.

6. Per contra, learned High Court Government Pleader (for short “HCGP”) justified the concurrent findings and submits that, the evidence of PWs.1 and 2 clearly indicate and prove that, PW.1 was harassed, illtreated and threatened by the petitioner. It is further stated that, the cruelty which extended to PW.1 to commit suicide, however, she decided to lead her life independently by doing own