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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
Rohit B. Deo, J.
Sushilabai – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 42 of 2006
Decided On : 09-10-2017
498A - Cruelty - Indian Penal Code, Section 304B, Section 498A - The court discussed the provisions of section 498A of the Indian Penal Code, defining 'cruelty' and the requirement of proof of wilful conduct actuating the woman to commit suicide or to cause grave injury or danger to life, limb or health. The court highlighted the need for a clear mens rea to convict a person under Section 306 IPC and the necessity of an active or direct act leading the deceased to commit suicide.
Fact of the Case:
The appellant was convicted for offences punishable under section 306 and 498A of IPC for ill-treating the deceased Laxmi for dowry, leading to her suicide by setting herself afire. The prosecution alleged that the appellant subjected Laxmi to cruelty and harassment, while the defence claimed false implication.
Finding of the Court:
The court found the dying declaration doubtful due to the absence of a medical examination and the vague nature of the disclosures allegedly made by witnesses. It held that the prosecution failed to establish the offence under section 498A of IPC against the accused Sushila, leading to the acquittal of the accused.
Issues: The issues revolved around the sufficiency of evidence to establish the offences under section 306 and 498A of IPC against the accused, and the credibility of the dying declaration and witness disclosures.
Ratio Decidendi: The court emphasized the need for clear mens rea and an active or direct act leading the deceased to commit suicide to convict a person under Section 306 IPC. It highlighted the requirement of proof of wilful conduct actuating the woman to commit suicide or to cause grave injury or danger to life, limb or health for establishing 'cruelty' under section 498A of IPC.
Final Decision: The judgment convicting the accused for offences under section 306 and 498A of IPC was set aside, and the accused was acquitted of the offence punishable under section 498A of IPC. The appeal was allowed, and the bail bond of the accused was discharged with a refund of any paid fine.
Rohit B. Deo, J.
1. The appellant faced trial along with Mohanlal Verma, Buddhavilas Verma and Asha Mohanlal Verma (the husband, son and daughter of the appellant) for offence punishable under section 304B and 498A of Indian Penal Code ("IPC" for short). By judgment and order dated 21.1.2006 in Sessions Case 4 of 2003 the learned 5th Adhoc Additional Sessions Judge was pleased to convict the appellant (hereinafter referred to as "the accused") of offences punishable under section 306 and 498A of IPC and to award the sentence of rigorous imprisonment for 5 years and payment of fine of Rs. 2,000/-. The other accused were acquitted.
2. The accused, who is challenging the conviction, is the mother in law of the deceased Laxmi who concededly committed suicide on 21.8.2002 by setting herself afire.
3. The marriage of Buddhavilas, the son of the accused, and the deceased Laxmi was solemnized on 10.2.1999. The case of the prosecution as unfolded during the trial is that on the occasion of the marriage, Buddhavilas was gifted cash of Rs. 50,000/- one she buffalo, one television, bedding and other utensils. Laxmi stayed in the matrimonial home for about 4 to 5 days and then returned to her parental home. Laxmi conveyed to her parents that the accused Sushila illtreated her for having given insufficient dowry. Be it noted, that the accused is the sister of PW-5 Butta Ramesh Verma and the paternal aunt of the deceased.
The accused came to escort Laxmi to the matrimonial home. PW-5 Butta Verma counseled the accused. The accused did not accept water in the house of PW-5 and declared that she would not accept water unless her demand is fulfilled. Laxmi accompanied the accused to the matrimonial home. Laxmi returned to her parental home on the occasion of Rakshabandhan. Laxmi conveyed to the family members that her in laws ill-treated her for dowry, used to beat and confine her in a room. She used to be serve stale food and was prevented from conversing with neighbours.
The prosecution case is that her husband Buddhavilas was made aware of the suffering and the response was that till such time the dowry is not paid, the accused Sushila would continue to ill-treat Laxmi.
The accused escorted Laxmi to her parental house in summer and warned PW-5 that Laxmi will not be allowed entry in the matrimonial home till PW-5 fulfils the demand of dowry of Rs. 50,000/-. PW-5 tried to make the accused and other members of the family to see reason but in vain. A Panchayat was therefore convened on 2.10.2001 in the house of the accused. Discussions touching dowry took place, PW-5 assured that he would pay some amount as dowry and only thereafter the accused including Sushila showed willingness to allow Laxmi to return to her matrimonial home. The accused did come to the parental house of Laxmi and took her home immediately but then the harassment did not cease. PW-6 Deepak who is the brother of Laxmi went to the matrimonial house of Laxmi to escort her to the parental home on the occasion of Rakshabandhan. However, he was told that Laxmi was admitted in hospital due to burn injuries. PW-5 rushed to the hospital along with other family members, Laxmi talked with Durgaprasad (PW-4) the elder brother and conveyed that since the accused were ill-treating her mentally and physically for dowry, she was compelled to take the extreme step.
4. One PSI Kakde of Ramnagar Police Station, Chandrapur received telephonic information form Head Constable Pandurang that Laxmi was admitted in Ward 6 with burn injuries. The said constable recorded the statement of Laxmi (Exh.76). Laxmi expired at 18.10 p.m. or thereabout and Head Constable Pandurang submitted the dying declaration (Exh.76) and intimation of death (Exh.75) to the Ramnagar Police Station. On the basis of the said report of the Head Constable and the report of PW-5, First Information Report Exh.50 was registered for offences punishable under section 498A, 304B read with section 34 of IPC.
5. Investigations ensue
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