The judgment establishes the requirement of mens rea for abetment under Section 306 of the IPC and the dependence of cruelty under Section 498A on the consequence of the indictee's acts.

JUDGMENT :

The appellant was the accused in S.C.No.573 of 2006 of the Sessions Court, Thrissur. The Additional Sessions Judge (Fast Track Court No.II-Adhoc), Thrissur convicted him of the offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (IPC). He was sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs.2,000/- for offence under Section 498A of the IPC and for a period of five years and to pay a fine of Rs.10,000/- for the offence under Section 306 of the IPC. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code).

2. The case of the prosecution was as follows:

The appellant married Smt. Jaya on 31.12.2000. They have two children. The appellant used to mentally and physically harass Smt. Jaya. On 01.05.2003 the appellant caught hold of and slapped Smt. Jaya in public at Peringottukara Centre. One week before the marriage of her brother, Smt. Jaya went to her parental home in connection with purchase of gold ornaments. While the appellant was taking her back to his home, he slapped her at that house in the presence of others. On a day in May 2004, the appellant pushed Smt. Jaya down from the scooter. On 09.02.2006 at about 4.30 p.m., direction of the appellant to bring to him a drilling machine was not heeded in time and therefore he had assaulted Smt. Jaya saying, why could not she die herself. Smt. Jaya, unbearable with such mental and physical harassment, at about 7.30 p.m. on that day, after pouring kerosene set ablaze her body inside their house. She succumbed to the injuries at 6.50 a.m. on 13.02.2006.

3. The appellant was tried on a charge for the offence under Sections 498A and 306 of the IPC. PWs.1 to 17 were examined and Exts.P1 to P20 were marked. MOs.1 to 3 were identified. The appellant denied the evidence against him and stated during examination under Section 313(1)(b) of the Code that he never harassed or assaulted his wife; whereas she had a suicidal tendency, which he had conveyed to her parents several occasions. On the fateful day, he did not do the alleged acts and it was he who tried to rescue Smt. Jaya. He also sustained burn injuries. Thus, he maintained that he was innocent. No defence evidence was let in.

4. The trial court, after appreciating the evidence, held that the evidence tendered by the prosecution proved the charges beyond doubt and accordingly convicted the appellant. The appellant assails the said conviction and consequent sentence on many grounds.

5. Heard the learned counsel for the appellant and the learned Public Prosecutor.

6. The prosecution placed reliance to prove the commission of the acts forming the foundation for the charge on the oral testimonies of PWs.1, 3, 4, 11 and 15. The prosecution seeks assistance of Ext.P8 F.I. statement and Ext.P13 dying declaration also in that regard. PW1 is the brother, PW3 the mother and PW4 the sister of the deceased. They have stated about all the four incidents of the alleged assault and harassment of the deceased by the appellant.

7. On 01.05.2003, the deceased was slapped by the appellant at the public road near Peringottukara Centre for the reason that a ring of their child was lost due to her negligence. The marriage of PW1 was scheduled to be held on 23.11.2003. One week before Smt. Jaya went to her parental home for the purchase of gold ornaments. In the evening, the appellant reached that home to take Smt. Jaya back. They further deposed that in the presence of others, Smt. Jaya was slapped at that house by the appellant. Again, Smt. Jaya was allegedly pushed down from the scooter on a day in May, 2004 on their way back from the house of his brother. The second incident occurred in the presence of PWs.3 and 4. However, all those witnesses knew about the other incidents only as told by Smt. Jaya.

8. What the said witnesses stated regarding the incident took place on 09.