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BOMBAY HIGH COURT
V.M. Deshpande, J.
Chandrakumar Sundardas Taneja —Appellant
versus
State of Maharashtra —Respondent
Criminal Appeal No.144 of 2001
Decided on 6.7.2017
Counsel for the Parties:
For the Appellant:Shri Sahil S. Dewani, Advocate
For the State: Miss T.H. Udeshi, Addl.P.P.
IMPORTANT POINT
Merely because a married woman met unnatural death due to burn injuries that by itself is not sufficient to attract presumption as envisaged under Section 113A of Evidence Act.
Headnote:Indian Penal Code, 1860—Sections 498A and 306—Indian Evidence Act, 1872—Section 113A—Cruelty and abetment of suicide—Conviction and sentence—Deceased died of burn injuries within seven years of marriage—Merely because a married woman met unnatural death due to burn injuries that by itself is not sufficient to attract presumption as envisaged under Section 113A of Evidence Act—In order to attract said provision prosecution is obliged to prove that deceased was subjected to harassment to such an extent that she is driven to commit suicide—Then and then only presumption can be pressed into service—When deceased was omitting blood that time treatment to her was given by appellant—There were no allegations that appellant made any demand from deceased—Deceased was not subjected to cruelty for any such demand from appellant—It cannot be held that appellant abetted deceased to commit suicide—Appellant acquitted. (Paras 13 to 18, 22 and 23)
Result: Appeal allowed.
JUDGMENT (ORAL)
V.M. Deshpande, J.—The present appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge, Chandrapur in S.T. No. 163/1996, by which the learned Judge of the Court below convicted the appellant for the offence punishable under Sections 498A and 306 of the Indian Penal Code.
In respect of conviction under Section 498A of Indian Penal Code, the appellant was directed to suffer R.I. for 1 year and 6 months and was directed to pay fine of Rs. 1000/- and in default of payment of fine to suffer R.I. for 6 months.
So far as, his conviction under Section 306 of the Indian Penal Code is concerned appellant was directed to suffer R.I. for 3 years and to pay fine of Rs. 2000/- and in default of payment of fine he was ordered to suffer further R.I. for one year.
2. The prosecution case as it is unfolded during the course of trial, is as under:
Ashok Govindrao Kshirsagar(PW3) on 16/4/1996 was attached to P.S. Ramnagar at Chandrapur as a police constable. His duty hours were from 8.00 p.m. of 16/4/1996 to 8.00 a.m. of 17/4/1996. While he was discharging his duty at about 2.30 a.m. he received a message from Police Control Room informing him that fire has erupted at Sindhi Colony, Ramnagar. A direction was given to him to visit spot along with duty officer. Accordingly duty officer Shri Sheikh , this prosecution witness and other police staff reached to the spot. During the course of their travel from police station to Sindhi Colony, Ramnagar the factum of fire was informed to Fire Brigade and also to police sub inspector. When this staff reached to the spot they noticed that fire brigade was already reached there and steps were being taken to extinguish fire. The fire broke in the house of present appellant and first upper floor of the house was engulfed with such fire. Fire Brigade extinguished the fire. The door of the room was chained from inside. It was broken up. When P.C. Ashok(PW3) along with other police staff entered the room they found dead body of woman in complete charred condition and was lying along side the cot. The dead body was identified as dead body of wife of appellant and she was identified as “Harsha”.
3. Gopal Hemchandra Rupani(PW1), the brother of deceased Harsha reached to police station. That time Mohd. Hanif Sk. Shabbir (PW9)was Police Sub-Inspector of P.S. Ramnagar. Gopal (PW1) lodged his report (Exh.24). The gist of the FIR lodged by first informant Gopal(PW1) is as under:
His sister whose maiden name was Maya Rupani was married on 01/04/1994 with applicant. After 34 months of her marriage appellant and his mother started causing ill-treatment to her in respect of dowry. She was beaten, she was abused by her mother in law and the appellant. That because of the beatings at the hands of the appellant and the mental harassment on the part of her mother in law his deceased sister was suffering from tremendous mental stress causing blood omitting. Though the treatment was given to her by appellant, there was no improvement. Resultantly, she was taken to K.E.M. Hospital, Mumbai. No person from the appellant side came to Mumbai. Thereafter first informant(PW1) and his sister came to Khamgaon, the parental city of deceased Harsha. On 29/2/1995 his other brother in law alognwith his sister dropped Harsha to her matrimonial house at Chandrapur. The F.I.R. further recites that thereafter again illtreatment started causing again blood omitting. The fact of blood omitting was informed by the appellant therefore, first informant came to Chandrapur and took his sister to Khamgaon where she was administered some Ayurvedic medicines with treatment. That treatment was continued about 2 and 1/2 months at Khamgaon. Thereafter, as per request made by deceased she was taken to Chandrapur. It is stated in the F.I.R. that, that time appellant and mother in law of deceased did not allow her to enter into the house unless she gave in writing. Subsequently, again the decease
