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High Court Of Calcutta
Asim Kumar Ray, J.
Mohan Singh : Appellant
Versus
State Of West Bengal : Respondent
C.R.A. No. 650 of 2007
Decided On : Dec 03,2010
CRIMINAL APPEAL - CONVICTION UNDER SECTIONS 498A AND 306 OF THE INDIAN PENAL CODE - DOMESTIC VIOLENCE AND ABETMENT OF SUICIDE - DYING DECLARATION - INTERPRETATION OF SECTIONS 498A, 304B, 306, AND 107 OF THE IPC - ANALYSIS OF EVIDENCE AND LEGAL PROVISIONS.
Fact of the Case:
The appellant was convicted under Sections 498A (cruelty to married woman) and 306 (abetment of suicide) of the Indian Penal Code for subjecting his wife to physical and mental torture and abetting her suicide. The victim's dying declaration alleged that the appellant had demanded a dowry of Rs. 40,000 and had subjected her to physical and mental torture for not meeting his demands. The appellant challenged the conviction, arguing that the dying declaration was not reliable and that there was no evidence of abetment of suicide.
Finding of the Court:
The court upheld the conviction under Section 498A, holding that the evidence on record, including the dying declaration, was sufficient to establish that the appellant had subjected his wife to cruelty and harassment. However, the court set aside the conviction under Section 306, holding that the evidence did not establish that the appellant had instigated or abetted his wife's suicide. The court found that the victim had committed suicide in a fit of rage following a quarrel with the appellant and that there was no evidence that he had intended to cause her death.
Issues: 1. Whether the dying declaration of the victim was reliable and admissible in evidence. 2. Whether the evidence on record established that the appellant had subjected his wife to cruelty and harassment under Section 498A of the IPC. 3. Whether the evidence on record established that the appellant had abetted his wife's suicide under Section 306 of the IPC.
Ratio Decidendi: 1. The court held that the dying declaration of the victim was reliable and admissible in evidence, despite the fact that it had been recorded in Bengali, a language that the victim did not speak fluently. The court noted that the dying declaration had been recorded by an executive magistrate who was a credible witness and that there was no evidence to suggest that the victim had been coerced or influenced into making the statement. 2. The court held that the evidence on record, including the dying declaration, the testimony of the victim's parents and other witnesses, and the medical evidence, established that the appellant had subjected his wife to cruelty and harassment. The court found that the appellant had demanded a dowry of Rs. 40,000, had physically and mentally abused the victim, and had prevented her from visiting her parents. 3. The court held that the evidence on record did not establish that the appellant had abetted his wife's suicide. The court found that the victim had committed suicide in a fit of rage following a quarrel with the appellant and that there was no evidence that he had intended to cause her death. The court noted that the victim had not expressed any suicidal thoughts or intentions prior to the incident and that there was no evidence that the appellant had threatened or coerced her into taking her own life.
Final Decision: The court upheld the conviction under Section 498A of the IPC and set aside the conviction under Section 306 of the IPC. The court sentenced the appellant to the period of imprisonment already undergone and ordered his release.
1. THIS appeal is directed against the judgment and order dated 29.9.2007 passed his Sessions Trial No. 33 of 2004 arising out of Sessions Case No. 63 of 2004 by learned Additional Sessions Judge, Durgapur convicting the appellant/accused under Section 498A of Indian Penal Code and sentencing him to suffer R.I. for two years and to pay fine of Rs. 1,000/- in default to suffer S..I for three months more. The appellant /accused was further convicted under Section 306 of the IPC and sentenced to suffer R.I. for five years and to pay a fine of Rs. 2,000/- in default to suffer S.I. for six months more. There was a direction that both the sentences shall run concurrently.
2. FACTUAL background in a nutshell is that on 22.1.200 around 10.30 hrs. Karam Singh, father of victim Manjeet Kaur lodged an FIR with Durgapur police station stating therein that his daughter Manjet was married to appellant/accused Mohan Singh as per Sikh religious rites and customs on 24.11.1997. In the said marriage gold ornaments worth Rs. 35,000/- and other household articles etc. were given to the bride, A sum of Rs. 40,000/- was kept in fixed deposit in the name of Manjeet. After marriage Mohan and Manjeet lived at Durgapur peacefully for 2/3 months. Thereafter Mohan started torture upon Manjeet both physically and mentally. He pressurised Manjeet to bring a further sum of Rs. 40,000/- from her father. Physical and mental assault to Manjeet in the form of abusive , insulting and provocative language was continuing. Manjeet gave birth to a male child out of her wedlock. On 8.1.2009 complainant got an information that his daughter had been admitted hi D.S.P. hospital, Durgapur with burn injury. She rushed to the hospital and came to know that she had been physically assaulted by her husband. She was pressurised for bringing more money. She, finding no option, set her ablaze and ultimately succumbed to her burn injury at the hospital on 20.1.2000.
On the basis of that FIR, Durgapur P.S. Case No. 22 of 2000 on 22. 1. 2000 was registered. Charge sheet was submitted against the accused/ appellant Mohan Singh. He faced trial for the offence punishable under Sections 498A/304B/306 of IPC and was found guilty for the "offence punishable under Section 498A/306, IPC. He was convicted accordingly and sentence was passed against him .
3. MR. Malay Kumar Das learned Counsel appearing on behalf of the appellant/accused has taken me through the body of the judgment, evidence on record specially dying declaration of Manjeet Kaur. He has invited my attention to the evidence of the mother of victim. He has contended that Manjeet Kaur could not speak Bengali and was not accustomed to speak Bengali but her dying declaration has been recorded by learned Executive Magistrate in Bengali; Therefore, the dying declaration on which the Court has relied on is not at all a statement of victim Manjeet Kaur. He has further contended that there is no note in the dying declaration that it was read over and explained to Manjeet. Time of recording of dying declaration is not also appearing from the said declaration. Therefore, the Court has arrived at an erroneous finding relying on such dying declaration.
4. MR. Das has further contended that there was no abetment to commit suicide by Manjeet Kaur. No independent witness stated about the torture inflicted on Manjeet by Mohan. One day incident cannot be treated as an abetment to commit suicide. He has relied on a decision reported in (2009) SCC (Cr) 578 and has contended that words 'uttered' in a fit of rage or emotion without any intention cannot be termed as 'instigation' and be treated as an abetment to commit suicide. He has submitted further that appellant/accused has already suffered three years to serve out the sentence." The impugned judgment and order of conviction may be set aside and appellant/accused may kindly be released.
Mr. Swapan Kumar Mallick, learned Counsel appearing on behalf of the State has contended that dying
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