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KISHORE C. SANT
Barikrao – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Kishore C. Sant, J. - This appeal is against judgment and order dated 08.08.2002 passed by the learned Sessions Judge, Ambajogai in Sessions Case No. 37/2000, whereby the present appellant- accused is held guilty of the ofences punishable under Sections 306 and 498-A of the Indian Penal Code. He is sentenced to undergo Rigorous Imprisonment for three years and to pay fne of Rs.5000/- in default to sufer Simple Imprisonment for six months for the ofence of 498-A of IPC. He is further directed to sufer Rigorous Imprisonment for fve years and to pay a fne of Rs.5000/-, in default to sufer Simple Imprisonment for six months for the ofence of 306 of IPC. The remaining accused nos. 2 to 5 are acquitted of the same ofences.
2. The informant lodged FIR on 04.12.1999 in the Kaij Police Station. It is the allegation that his sister namely Jayashri @ Aruna was married to accused no.1 namely Barikrao Deshmukh. After two to three months of the marriage, the accused started suspecting character of Jayashri. There was a demand of Rs.50,000/- from the informant. Since the condition of informant in condition happens to be poor, they could not fulfll the demand. On that count also, the accuse
The prosecution must establish fundamental facts to raise presumption under Section 113-A of the Evidence Act, and evidence of cruelty and harassment must be satisfactory to prove guilt beyond reason....
(1) There is nothing unnatural for a victim of domestic cruelty to share her trauma with her parents, brothers and sisters and other such close relatives. Evidentiary value of close relatives/interes....
The discretionary nature of the presumption under Section 113A of the Indian Evidence Act in cases of abetment of suicide based on cruelty, and the court's authority to consider all circumstances of ....
Conviction under sections 306 and 498-A RPC requires clear evidence of harassment and direct causation of suicide, which was not established in this case.
Cruelty inflicted by a husband on his wife due to dowry demands, leading to her suicide within seven years of marriage, constitutes an offense under Sections 498A and 306 of the Indian Penal Code.
The court established that extreme mental and physical cruelty must be proven to support charges of abatement of suicide under IPC, which was not met in this case.
The court emphasized that allegations of harassment must be specific and proven to establish cruelty under IPC Sections 498-A and 306, and the presumption under Section 113-A of the Evidence Act requ....
The main legal point established in the judgment is that continuous abuse, assault, and harassment by the accused, leading to the deceased's suicide, constitute cruelty within the meaning of sec. 498....
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