Emotional neglect and isolation in marriage can constitute cruelty under IPC Section 498A, but mere harassment without provocation does not support a charge of abetment to suicide under Section 306.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. This appeal is preferred against the judgment and order dated July 24, 1997 passed by the Learned Additional Sessions Judge, Second Court, Hooghly, in Sessions Trial No.107 of 1989, convicting the appellant under Sections 498A and 306 of the Indian Penal Code and sentencing him to suffer simple imprisonment for 4 (four) years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1 (one) year for the offence under Section 306 of the Indian Penal Code and simple imprisonment for one and a half year and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for three months for his commission of offence punishable under Section 498A of the Indian Penal Code and both the sentences of imprisonment would run concurrently.

2. The complaint filed by the father of the victim namely Shri Ratan Kumar Sant precisely stated that his third daughter Asha had been romantically involved with the appellant Pinaki Gupta. The marriage between his daughter and the appellant was solemnized on 24.02.1988 at the Nistarini Devi Temple, Serampore in the presence of the complainant’s son and the priest of the temple, Dilip Mukherjee of Sheoraphuli Chatterjee Para. The complainant asserted such marital alliance was unaccepted by the victim’s mother-in-law, Smt. Mamta Gupta. The appellant was dissatisfied with the marriage under the influence of his mother, moreover he was compelled to accept such marriage due to societal pressure.

3. According to the complainant his daughter as aforesaid commenced her marital life at the matrimonial home on and from 15.04.1988. It had been alleged, soon after the victim was subjected to continuous harassment and ill-treatment at the behest of her husband, the mother-in-law and sister-in- law who did not allow the complainant’s son to meet his daughter. The name of the appellant’s sister was unknown to the complainant who resided at Dum Dum but frequently visited the matrimonial home of the victim. The information of the victim suffering at her matrimonial home was received by the complainant only through the neighbours. On 24.06.1988 the complainant first received the explicit knowledge of such torture from a letter written by the victim.

4. The complainant noted on 12.074.1988 after receiving further news of torture he lodged General Diary being No. 646 at Serampore Police Station. Subsequently, on 06.10.1988 between 6-6.30 a.m., an unidentified resident from the appellant’s locality informed the complainant of the critical situation of his daughter who had been taken to Walsh Hospital. The complainant accompanied by one Tapasi reached the hospital and detected the victim to have incurred multiple burn injuries. It was conveyed to the complainant that victim allegedly set herself on fire in an attempt to commit suicide. She was thereafter referred to RG Hospital for further treatment. The complainant averred the preceding night, the sister-in-law of the victim had visited her matrimonial home, instigating the victim to self-harm owing to the persistent cruelty inflicted upon by her husband, the appellant, the mother-in-law as well as the sister-in-law. It was categorically asserted that the cumulative torture inflicted by the aforesaid individuals compelled the victim to set her ablaze.

5. Based on the aforesaid complaint, Serampore P.S. Case No.6 dated06.10.1988 under Sections 498A/306 of the Indian Penal Code was initiated against the appellant.

6. After completion of investigation charges were framed under Sections 306 /498A of the Indian Penal Code against the appellant along with two others accused persons, to which they pleaded not guilty and claimed to be tried.

7. In order to prove its case, the prosecution examined as many as 18 witnesses and exhibited certain documents.

8. The Learned Advocate representing the appellant submitted as follows:-

Appellant along with his sister and mother were placed on trial facing charges under section 306 an