1996 Supreme(Raj) 1040

RAJASTHAN HIGH COURT
A.S.Godara, J.
Dhanna Ram And Ors. - Appellant
Versus
The State Of Rajasthan - Respondent
S.B. Criminal Jail Appeal No. 215 of 1995.
Decided On : 16-05-1996

The court interpreted Sections 304B, 306, 498A, 113A and 113B of the Indian Penal Code and the Indian Evidence Act to hold that the appellants were guilty of abetment of suicide under Section 306 Indian Penal Code and not under Section 304B Indian Penal Code.

Headnote:

CRIMINAL APPEAL - CONVICTION FOR OFFENCES UNDER SECTIONS 304B/34 AND 498A/34, INDIAN PENAL CODE - CHALLENGE - FACTS AND CIRCUMSTANCES OF THE CASE - EVIDENCE ON RECORD - INTERPRETATION OF SECTIONS 304B, 306, 498A, 113A AND 113B OF THE INDIAN PENAL CODE AND THE INDIAN EVIDENCE ACT - HELD, APPELLANTS WERE GUILTY OF OFFENCE UNDER SECTION 306 IPC AND NOT UNDER SECTION 304B IPC - CONVICTION UNDER SECTION 498A IPC UPHELD - SENTENCE MODIFIED.

Fact of the Case:

The appellants were convicted under Sections 304B/34 and 498A/34, Indian Penal Code for the death of Smt. Chooni, wife of appellant Kheraj Ram. The prosecution alleged that the appellants and their family members subjected Smt. Chooni to cruelty and harassment for dowry, which led to her suicide. The appellants denied the allegations and claimed that Smt. Chooni was mentally unstable and committed suicide.

Finding of the Court:

The court found that there was no evidence to support the prosecution's case that the appellants had demanded dowry or subjected Smt. Chooni to cruelty or harassment. The court also found that Smt. Chooni was not mentally unstable and that she had committed suicide due to the mental stress and trauma she was undergoing as a result of the appellants' conduct. The court held that the appellants were guilty of abetment of suicide under Section 306 Indian Penal Code and upheld their conviction under Section 498A Indian Penal Code.

Issues: 1. Whether the appellants were guilty of offence under Section 304B/34, Indian Penal Code? 2. Whether the appellants were guilty of offence under Section 306 Indian Penal Code? 3. Whether the appellants were guilty of offence under Section 498A/34, Indian Penal Code?

Ratio Decidendi: 1. Section 304B Indian Penal Code requires that the death of the victim should have been caused otherwise than under normal circumstances, within 7 years of marriage, and that the victim must have been subjected to cruelty or harassment by the accused for or in connection with demand of dowry. 2. In the present case, there was no evidence to support the prosecution's case that the appellants had demanded dowry or subjected Smt. Chooni to cruelty or harassment. Therefore, the appellants could not be convicted under Section 304B Indian Penal Code. 3. Section 306 Indian Penal Code requires that the accused must have abetted the act of commission of suicide by the victim. In the present case, the court found that the appellants' conduct had created a suffocating tense and perturbing atmosphere amounting to cruelty, which led Smt. Chooni to commit suicide. Therefore, the appellants were guilty of abetment of suicide under Section 306 Indian Penal Code. 4. Section 498A Indian Penal Code defines cruelty as any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman, or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security is on account of failure by her or any person related to her to meet such demand. 5. In the present case, the court found that the appellants' conduct amounted to cruelty as defined under Section 498A Indian Penal Code. Therefore, the appellants were guilty of offence under Section 498A Indian Penal Code.

Final Decision: The appeal was partly allowed. The appellants were acquitted of the offence under Section 304B/34, Indian Penal Code and convicted under Section 306 Indian Penal Code. Their conviction under Section 498A/34, Indian Penal Code was upheld. The appellants were sentenced to 3 years' rigorous imprisonment and a fine of Rs. 5000/- each under Section 306 Indian Penal Code. In default of payment of fine, they were to undergo 6 months' rigorous imprisonment.