The main legal point established in the judgment is the recognition of mental cruelty as a form of cruelty within the meaning of Section 498A of the Indian Penal Code.

Deepak Gupta, J.

This is an extremely sad and rare case where a mother has taken the lives of her two children and then committed suicide. The question is whether she was driven to do this inhuman act due to the cruelty meted out to her by her in-laws or not?

2. Vandana (deceased mother) was married to accused, Haresh Gautam, in the year 1999. She gave birth to twins, a boy and a girl, in September, 2000 at Kamla Nehru Hospital, Shimla. Vandana and Haresh Gautam were living at Sanjauli in Shimla whereas her husband's brother, respondent No. 2, Purnesh Kumar Gautam and his wife, Smt. Prem Lata, respondent No. 4, lived with the parents (respondents No. 3 and 4) of the husband of Vandana (deceased mother) at Mandi. Respondents No. 3 and 4 have died during the pendency of this appeal and, therefore, the appeal stands abated qua them.

3. There is no dispute that on 05.02.2003, Vandana murdered her twin children and then committed suicide by setting herself on fire. This incident was reported to the police by PW5, D.N. Kapoor, landlord of the building in which Vandana lived with accused, Haresh Gautam. Thereafter, PW1, Hans Raj, father of deceased Vandana filed a written complaint with the SHO, Police Station Dhalli, Ex. PA, on the next day, i.e. 06.02.2003. In this written complaint, it was alleged that though at the time of marriage, no dowry was given, immediately after the marriage, the in-laws of his daughter, Vandana, had started taunting her that though she belonged to a well off family, she had not brought sufficient dowry. Hans Raj advised his daughter that she should bear these taunts and in between, he used to pay some amount to his daughter, especially when she gave birth to the twins. It was also alleged that respondents No. 2 and 5, i.e. brother and sister-in-law of respondent No. 1 (Jeth and Jethani of the deceased), who were issueless despite being married for thirteen years, wanted that Vandana should give one of the twins to the issueless couple. Vandana refused this proposal and thereafter, she was abused and subjected to cruelty by the in-laws. This happened during the presence of Vandana's paternal aunt (bua), PW4, Kamla Devi.

4. The complaint is very detailed and it also shows that the father gave money to his daughter in between and also celebrated the birthday of his grandchildren having an elaborate ceremony in which meals were offered to a large number of people and jewelery was given to the members of the family of the husband of the deceased. According to the complainant, his daughter again complained to him that she is being troubled by her in-laws for bringing less dowry and they had threatened her to leave her at her parental home. Thereafter, the father himself went to the house of the in-laws at Mandi and brought his daughter to their village at Sandhole. The younger daughter of the complainant was to get married in the month of November that year. According to the father, accused-Haresh Gautam told him that he had not been made a Ghar Jamai and now he (father) would give everything to his younger son-in-law. It is alleged that the accused-Haresh Gautam asked the father-in-law to give him Rs. 15 lacs to purchase a flat in Shimla. Similarly, the in-laws wanted that Vandana should give the male child to her husband's elder brother and his wife. After the wedding of the sister of deceased Vandana, accused-Haresh Gautam visited the village on 27th January, 2003 and promised to keep Vandana properly. He then took her to Shimla. On 2nd February, 2003, the complainant talked to his daughter when she complained that she was still being troubled by her in-laws and they were asking for money for the flat and also pressurizing her to handover the male child to her brother-in-law. When PW1 wanted to talk to accused-Haresh Gautam, he allegedly refused to talk to him. On this basis, the father alleged that his daughter had killed her children and committed suicide due to the cruelty meted out to her both o