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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
K.R. Shriram, J.
State Of Maharashtra - Appellant
Versus
Suresh Dada Aher - Respondent
Criminal Appeal No. 987 of 2007
Decided On : 09-04-2021
Indian Penal Code - Acquittal Appeal - Section 498(A) - Section 306 - [Husband or relative of husband of a woman subjecting her to cruelty] - [Indian Penal Code (IPC) Section 498(A), Section 306] - The court acquitted the accused of offences punishable under Section 498(A) and Section 306 of the Indian Penal Code (IPC) based on the prosecution's failure to prove the case. The court found that the evidence did not establish that the accused had subjected the woman to cruelty of such a degree that it would drive her to commit suicide or cause grave injury or danger to her life, limb, and health. The court also considered the legal principles established in previous judgments to determine what would amount to an offence under Section 498(A) and the elements required to prove abetment under Section 306. The court emphasized the need for substantial and compelling reasons to disturb the trial court's acquittal, as there is a presumption of innocence in favor of the accused, which is reinforced by the acquittal.
Fact of the Case:
The prosecution's case revolved around the ill-treatment and harassment of the woman by the accused, leading to her suicide. The accused denied the allegations and claimed that the woman had mental issues, for which she had received treatment. The court considered the evidence presented by both the prosecution and the defense.
Finding of the Court:
The court found that the prosecution had failed to prove its case, as the evidence did not establish that the accused had subjected the woman to the required degree of cruelty under Section 498(A) or that he had abetted her suicide under Section 306. The court also emphasized the need for substantial and compelling reasons to disturb the trial court's acquittal, given the presumption of innocence in favor of the accused.
Issues: The key issues revolved around the allegations of ill-treatment and harassment by the accused, the mental condition of the woman, and the elements required to establish offences under Section 498(A) and Section 306 of the IPC.
Ratio Decidendi: The court's decision was based on the failure of the prosecution to prove the required elements of the alleged offences. The court also emphasized the need for substantial and compelling reasons to disturb the trial court's acquittal, given the presumption of innocence in favor of the accused.
Final Decision: The court dismissed the appeal and upheld the trial court's acquittal of the accused.
JUDGMENT
K R Shriram, J. - This is an appeal impugning an order and judgment dated 31st March 2006 passed by the 5th Ad-hoc Additional Sessions Judge, Nashik, acquitting respondent (accused) of offences punishable under Section 498(A) (Husband or relative of husband of a woman subjecting her to cruelty) read with Section 306 (Abetment of suicide) of the Indian Penal Code (IPC).
2. On 16th March 2021 since nobody appeared for respondent, this Court appointed Ms. Spenta Havewala, Advocate to represent respondent and assist the Court. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms. Havewala, Advocate.
3. It is prosecution's case that accused was married to one Malti on or about 2nd May 1985. They had three children, a daughter by name Vidula, who is DW-2 and two sons. According to prosecution, the initial 5 to 6 years accused and Malti lived happily but thereafter, accused started tormenting Malti and harassing her by making demand for purchasing a house. It seems accused and his relatives used to allege that sufficient dowry was not brought by Malti. Accused used to also assault Malti. Because of this constant harassment, the father of Malti - Kashinath P. Birari (PW-3), who had four daughters including Malti, purchased a plot of land in or around Nashik in the name of Malti. Accused was unhappy with that and was insisting that the land should be transferred in his name. His relatives also used to instigate accused. It is prosecution's case that accused would come drunk, not provide any money for running the household and used to hit Malti on her head and would pretend that Malti had some mental problems. Accused used to also pressurize Malti to agree for a divorce so that he could remarry and once even published a notice of divorce to Malti in a local newspaper. Because of this constant mental and physical harassment, Malti got very disturbed and during those times, accused would admit Malti to a Mental Hospital. According to prosecution, these were all schemes of accused to create evidence that Malti had turned insane and he would take Malti to different Doctors to ensure that Malti never got cured.
4. Some time in September 2000, Malti was admitted to Mental Hospital at Yerawada, Pune. After she was cured, PW-3 complainant and father of Malti, took her back to her matrimonial home. This was because it was Diwali time and Malti wanted to stay with her children who were in the house of accused. When Malti was taken home, only Vidula was at home and the two sons were with accused, who was working at Chandwad, a place which was about two hours drive away from Nashik. Accused was a Government Servant and was posted at Chandwad. PW-3, therefore, left Malti at her matrimonial house with Vidula and returned to his village.
5. On 26th October 2000, Vijay Tukaram Pawar (PW-13), the maternal uncle of Malti had gone to Malti's matrimonial home on a courtesy call. He met Vidula and when he enquired about Malti, he was informed that Malti was sleeping. As it was the day of Diwali, PW-13 found it strange that Malti was sleeping at that time so he went inside the room where Malti was supposed to be sleeping. PW-13 found Malti was dead at that time and he immediately informed the Police and PW-3. Vidula also informed her uncle, who informed accused. Accused immediately returned from Chandwad. The parents and relatives of Malti also arrived. Police registered it as accidental death and commenced investigation. Inquest panchnama and spot panchnama were drawn and body was sent for postmortem. Thereafter, PW-3 lodged a complaint and an offence came to be registered based on the complaint. Charge-sheet was filed. Accused pleaded not guilty and claimed to be tried. The defence of accused is of total denial and according to accused, Malti had schizophrenia and he had been constantly taking Malti to various Doctors to treat her for her problems. Accused also gave written submissions
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