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G. A. SANAP
Ramchandra Deoraoji Bagadate – Appellant
Versus
State of Maharashtra, through Police Station Officer, Police Station, Kondhali – Respondent
JUDGMENT :
G. A. Sanap, J.
1. In this appeal, challenge is to the judgment and order dated 27.02.2019, passed by learned Additional Sessions Judge, Nagpur, whereby the learned Judge held the appellant/accused guilty of the offences punishable under Sections 498-A and 306 of the Indian Penal Code and sentenced him to suffer imprisonment for 2 (two) years and to pay fine of Rs.5,000/- (Rupees Five Thousand only) and in default to suffer simple imprisonment for two months for the offence punishable under Section 498-A of the IPC ; and to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.10,000/- (Rupees Ten thousand only) and in default to suffer simple imprisonment for three months for the offence punishable under Section 306 of the IPC.
2. BACKGROUND FACTS :-
The informant (PW3) is the father of deceased Pushpa alias Pinki. The marriage of the accused with the deceased was solemnized on 23.04.2016. The deceased committed suicide on 02.02.2017. The informant, on receipt of the information of death of his daughter, went to her house and saw that she was lying dead with burn injuries. He went to police station and lodged the report. It is stated that after marriage, the
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.
(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....
A conviction under Sections 498A and 306 IPC requires clear evidence of sustained cruelty and a direct link to suicide, not merely emotional disputes.
The main legal point established in the judgment is the necessity to prove the elements of the offences under Sections 498-A, 304B, and 306 of the IPC, including the requirement to establish cruelty ....
The court established that while dowry harassment can be proven under Section 498-A, a conviction for abetment of suicide under Section 306 requires clear evidence of instigation or aiding the victim....
Insufficient evidence of cruelty under IPC Section 498-A to sustain conviction, leading to acquittal of the accused.
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.
Insufficient evidence of specific ill-treatment and lack of direct link to suicide led to the quashing of convictions under Sections 498-A and 306 of the IPC.
The prosecution must prove the ingredients of the offence beyond reasonable doubt in order to secure a conviction. Cruelty is an essential ingredient of the offence under Section 498A IPC and must be....
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