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HIGH COURT OF CHHATTISGARH, BILASPUR
Radhe Shyam Sharma, J.
DARBAR SINGH : Appellant
Vs.
STATE OF C.G. : Respondent
Criminal Appeal No. 657 of 2004
Decided On : 12-12-2012
Cruelty - Criminal Law - IPC 498A, IPC 306 - Summary of Acts and Sections: IPC 306, IPC 498A - The court discussed the interpretation of Section 306 IPC and the requirement of mens rea for abetment. It also highlighted the definition of cruelty under Section 498A IPC and the essential ingredients for constituting an offence under this section.
Fact of the Case:
The appellant was convicted under Section 498A and Section 306 of the IPC for subjecting his wife to cruelty and abetting her suicide. The prosecution's case was based on allegations of harassment and mental torture leading to the wife's suicide. The defense argued that the prosecution failed to prove the case against the appellant.
Finding of the Court:
The court found that the prosecution failed to establish conclusive evidence of cruelty amounting to instigation for suicide under Section 306 IPC. However, it upheld the conviction under Section 498A IPC based on the dying declaration and evidence of harassment by the appellant.
Issues: The key issues were the sufficiency of evidence to prove cruelty and abetment of suicide under Section 306 IPC, and the interpretation of the definition of cruelty under Section 498A IPC.
Ratio Decidendi: The court held that the prosecution did not provide conclusive evidence of instigation for suicide under Section 306 IPC, but the evidence of harassment by the appellant fell within the purview of cruelty under Section 498A IPC, based on the dying declaration and witness testimonies.
Final Decision: The appellant's conviction under Section 306 IPC was set aside, and he was acquitted of the charge. However, the conviction under Section 498A IPC was upheld, and the jail sentence was reduced to the period already undergone by the appellant, with an enhanced fine.
1. This appeal is directed against judgment dated 5-8-2004 passed by 9th Additional Sessions Judge (FTC), Bilaspur in Sessions Trial No. 459/2003. By the impugned judgment, appellant Darbar Singh has been convicted and sentenced in the following manner with a direction to run the sentences concurrently and co-accused Smt. Jamunabai and Manohar have been acquitted of the charges framed against them:
Conviction Sentence
Under Section 498-A IPC Rigorous imprisonment for 2 years and to
pay fine of Rs. 300/-, in default of payment
of fine, to further undergo rigorous imprisonment for 1 month.
Under Section 306 IPC Rigorous imprisonment for 5 years and to
pay fine of Rs. 700/-, in default of payment
of fine, to further undergo rigorous
imprisonment for 3 months.
2. Case of the prosecution, in brief, is as under:
Appellant Darbar Singh is husband, acquitted accused Jamunabai is mother-in-law and Manohar is Jeth (brother-in-law) of deceased Indirabai. Marriage of deceased Indirabai was solemnized with the appellant 3 months prior to the date of incident. Deceased Indirabai committed suicide in her matrimonial house by pouring kerosene on her person and setting herself on tire on 13-8-2003. Gajpal Singh (PW-1, father of the deceased) had given sufficient dowry including TV and jewelry at the time of marriage. Within a few days after the marriage, the appellant and acquitted accused persons started ill-treating the deceased and caused severe mental torture to her telling that she had brought substandard quality of TV and such articles should be taken back. Instead of TV they demanded Rs. 10,000/-. Deceased Indirabai narrated the incident to his father Gajpal Singh (PW-1), brother Ravi Singh (PW-2) and other members of the family. The appellant wanted Rs. 10,000/- from them and there for physical and mental torture was given by the appellant and other acquitted accused persons to the deceased, as a result of which, the deceased committed suicide by pouring kerosene on her person and setting herself on fire. Deceased Indirabai was admitted in CIMS, Bilaspur where she died on the same day at about 9:05 P.M. Intimation was sent to Police Station Kotwali, Bilaspur where merg intimation (Ex.P-13) at 0/2003 was registered. Investigating Officer reached CIMS hospital, gave notice (Ex.P-3) to Panchas and prepared inquest (Ex.P-2) on the dead body of the deceased. The dead body of the deceased was sent to CIMS, Bilaspur for post mortem examination vide Ex.P6. Dr. A.K. Shukla (PW-8) conducted post mortem examination on the dead body of the deceased along with Dr. Smt. K. Mittal and they gave their report (Ex.P-6), in which, they mentioned that the cause of the death was complicating extensive bum.
In further investigation, panchnama (Ex.P-1) of the place of occurrence was prepared. A burnt stick of match-box, a match-box and pieces of burnt saree were seized from the place of occurrence vide Ex.P-5. Site map (Ex.P-9) was prepared. First Information Report (Ex.P-8) was registered in Police Station Kotwali, Bilaspur. Thereafter, regular First Information Report (Ex.P7) was registered in Police Station Masturi.
After completion of the investigation, charge sheet was filed against the appellant in the Court of Additional Chief Judicial Magistrate, Bilaspur, who, in turn, committed the case to the court of Session, Bilaspur, from where, it was received on transfer by the 9th Additional Sessions Judge (FTC), Bilaspur, who conducted the trial and convicted and sentenced the appellant as mentioned above and acquitted co-accused Jamunabai and Manohar of the charges framed against them.
3. In support of its case, the prosecution has examined Gajpal Singh (PW-1), Ravi Singh (PW-2), Ratna (PW-3), Prahlad Singh (PW-4), Chandan Singh (PW-5), Raju Singh (PW-6), Subhash Singh (PW-7), Dr. A.K. Shukla (PW8), Harwindra Khunte (PW-9), Dr. Swati Somawar (PW-10), Inspector (Rtd.) C.R. Tandiya (PW-11), DSP M.L. Sandilya (PW-12), Sub-Inspector D. Singh (PW-13)
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