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2009 ALL MR (Cri) 3651
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Smt. V.K. T AHILRAMANI, J.
Smt. Kausalyabai Ramnath Dayama – Appellant
Vs.
State of Maharashtra - Respondent
Criminal Appeal No.78 of 1992 7th January, 2009.
Indian Penal Code, 1860 - Section 498-A - Cruelty - Matrimonial cruelty - Includes wilful conduct of husband or of his relative compelling wife to commit suicide - Wife committed suicide on account of continuous harassment by her mother-in-law - Mother-in-law always speaking to her in taunting manner and used to pick-up quarrels with her - Liable to be convicted under Section 498-A of IPC.
INDIAN PENAL CODE, 1860 - Section 498-A - Evidence Act, 1872, Section 32 - Conviction and sentence - Appeal against - Suicide by burn injuries - Dying declarations - Victim-deceased admitted because of frequent quarrels with mother-in-law, she fedup and wanted to end her life - Victim complained of her harassment to her brother - Evidence of brother remains unshaken in cross-examination - Corroborated by dying declaration - Held - Appellant rightly held guilty under Section 498-A of IPC - However incident is of 1991 - Now age of appellant is 70 years - Sentence reduced to period already undergone - Appeal partly allowed. - In both the dying declarations, Kalpana has stated that quarrels always used to take place with her mother-in-law and on account of the quarrels she was fed up hence she set herself on the fire. Both these dying declarations also corroborate the fact that the appellant treated Kalpana with cruelty and on account of this constant cruelty meted out by the appellant to Kalpana, she committed suicide.
No doubt in the present case, there is no allegation of physical violence nor is there any allegation regarding demand for dowry or ill-treatment or harassment in relation to dowry. However, the Explanation to Section 498-A of the Indian Penal Code is wide enough to include any wilful conduct on the part of the husband or husband’s relative, which is of such a nature as is likely to drive the woman to commit suicide. Where the scolding, which the victim received at the hands of her mother-in-law, made her commit suicide it will have to be construed as a wilful conduct of such a nature as had driven the woman to commit suicide. The first part of the Explanation to Section 498-A Penal Code is very clear and under it what is made punishable is wilful conduct of such a nature as is likely to drive the woman to commit suicide. The other ingredients to be proved is that the marriage should have been performed within 7 years of the date of the incident to allow the presumption being raised under Section 113-A of the Evidence Act. Reading the Explanation it is clear that the meaning of cruelty as defined in Section 498-A of the Indian Penal Code has to be imported in Section 113-A of the Evidence Act while deciding whether the victim had been subjected to any cruelty or not. Where the act of the accused was a wilful act of such a nature as had driven the deceased to commit suicide, it has to be held that the offence had been brought home by the prosecution to the accused.
In the present case admittedly Kalpana ended her life by setting herself on fire. Her dying declaration Exhs. 37 and 14 are on record. Three dying declarations as well as letters Exh. 31 written by Kalpana and the evidence of PW 5 show that there was continuous ill-treatment the hands of the appellant to Kalpana which left her with no alternative but to end her own life.
Looking to the evidence on record, that the Sessions Judge has rightly convicted the appellant under Section 498-A of IPC.
As far as the sentence of imprisonment is concerned it is seen that the appellant is a lady. As of today, the age of the appellant is 70 years. Looking to the fact that the incident had taken place in the year 1991 and the age of the appellant, Court is inclined to reduce the sentence of imprisonment imposed on the appellant.
2. The prosecution case, briefly stated, is as under :On 18.11.1986 the marriage of Kalpana (deceased) took place with Umakant who is the son of the appellant. After the marriage, Umakant took his wife Kalpana to Kolhapur where he was working. They resided at Kolhapur for about one and half year then Umakant left his job at Kolhapur and came to Shirur along with Kalpana and started residing jointly with his parents and brothers. It is the prosecution case that after Umakant and his wife Kalpana came to reside at Shirur the accused started ill-treating Kalpana. According to the prosecution, the appellant used to pick up quarrel with Kalpana and due to these frequent quarrels Kalpana was fed up and she decided to end her life. On 21.1.1991 at about 9:30 a.m. Kalpana poured kerosene on her person and set herself on fire. Kalpana was taken to the hospital. Kalpana has found to have sustained 99% bum injuries. Thereafter her dying declarations i.e. Exh.14 & Exh.37 came to be recorded. In both the dying declarations, Kalpana stated that on account of frequent quarrels with her mother-in-law, she was fed up and, therefore, she set herself on fire.
3. On the basis of the dying declarations of Kalpana, offence came to be registered under Sections 498-A & 306 of IPC against the appellant. After completion of investigation, the case was committed to the Court of Sessions.
4. Charge came to be framed against the appellant under Sections 306 & 498-A of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial. After going through the evidence adduced by the prosecution, the learned Sessions Judge acquitted the appellant under Section 306, IPC, however, the learned Sessions Judge convicted the appellant under Section 498-A, IPC. Hence, this Appeal is filed.
5. I have heard Mr. Mundargi, the learned Counsel for the appellant-orig. accused and the learned APP for the State. I have perused the judgment and order passed by the learned Sessions Judge as well as the record pertaining to the present case.
6. The prosecution case is mainly founded on the evidence of PW -5 Pramod who is the brother of Kalpana, dying declarations Exhs.14 & 37 given by Kalpana and letters Exhs.30 & 31 written by Kalpana to her relati ves.
7. PW-5 Pramod has stated that his sister Kalpana was married to Umakant who is the son of the appellant-accused. The said marriage took place on 18.11.1986. In the month of March-April, 1988 Kalpana came to their house for delivery. During that period Kalpana used to tell that frequent quarrels took place in her matrimonial house and due to this she was fed-up. Thereafter Kalpana wrote a letter to her brother stating that she is unwell and hence she should be called to stay at the house of her brother at Aurangabad.
Accordingly Kalpana was called to the house of her brother. Kalpana stayed there for some time. During that period, she informed her brother and others that her mother-in-law used to pick-up quarrels with Kalpana and she was harassing Kalpana. On 21.1.1991 PW-5 Pramod received a message that his sister Kalpana was admitted in hospital. He met Kalpana in the hospital. At that time Kalpana informed him that due to harassment caused by her mother-in-law, she was fed-up and therefore she committed suicide. On 25.1.1991 he returned back to Aurangabad, on the same day at Aurangabad he received one inland letter Exh.31 written by his sister Kalpana. In the said letter, Kalpana had made complaint against the appell
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