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2021 Supreme(Online)(Mad) 79894

MADRAS HIGH COURT
, J
Bala alias Balasubramaniyan v. State rep. by Inspector of Police Mannargudi Town Police Station Thiruvarur
S.C.No.77 of 2013



Advocates:
For the Appellants/Petitioners: R.Thirumoorthy
For the Respondents: J.C. Durairaj

To convict under S.498A IPC, clear evidence of cruelty causing suicide must be established; mere quarrels or injury alone do not suffice.

Headnote:(A) Indian Penal Code, 1860 - Section 498A - Appeal against conviction - The appellant was convicted of cruelty under S.498(A) IPC after the wife committed suicide - The evidence by prosecution witnesses was not credible, as they admitted the deceased was not in a fit state to communicate effectively or that the accused subjected her to severe cruelty - No sufficient evidence of dowry harassment was provided. (Paras 1, 26, 30).

(B) The court found the prosecution failed to establish the cruelty necessary for conviction under S.498(A) IPC, as the testimony did not prove any actionable cruelty that could lead to suicide - Mere quarrels or stating 'get out of the house' were deemed insufficient to establish such behavior. (Paras 1, 30).

Facts of the case:
The appeal arises from a conviction for cruelty under S.498A IPC linked to a suicide involving the deceased, Ramya, who was alleged to have been subjected to harassment by her husband, the accused.

Findings of Court:
The court highlighted the gaps in the prosecution's evidence and found it inadequate to prove the charges against the accused. It determined that mere emotional disputes were not enough for conviction under S.498(A) IPC, ultimately acquitting the accused.

Issues: Whether the learned Sessions Judge was justified in convicting the accused for the offence under S.498(A) IPC in light of the evidence presented?

Ratio Decidendi: The court ruled that a mere marital quarrel or emotional disagreement could not constitute the legal threshold for cruelty necessary to establish guilt under S.498(A) IPC. The prosecution's failure to prove actionable cruelty beyond reasonable doubt absolved the accused from conviction.

Result: Appeal upheld; conviction set aside.

Table of Content
1. conviction challenged in regard to the definition of cruelty under ipc. (Para 1 , 6)
2. evidence admittance difficulties established due to witness contradictions. (Para 2 , 20 , 25)
3. observation on credibility of witnesses related to the deceased's mental state. (Para 8 , 19)
4. arguments regarding the credibility of complaints filed against the accused. (Para 9 , 10 , 14)
5. final ruling on the inadequacy of evidence and subsequent acquittal. (Para 26 , 30 , 31)

1. This appeal has been filed by the appellant / accused challenging the judgment of conviction and sentence imposed on him in S.C.No.77 of 2013, dated 12.12.2014, on the file of the learned Sessions Judge, Magalir Neethimandram, Thiruvarur. The appellant was found guilty for the offence punishable under S.498(A) IPC, and was sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default to undergo six months Rigorous Imprisonment. The period of detention already undergone by the accused was ordered to be set - off under S.428 Cr.P.C.,

2. I. FACTS OF THE CASE:
The appellant / accused is the husband of the deceased Ramya alias Renugadevi. The marriage between them was solemnized at A.K.S.Marriage Hall, Mannargudi. Out of their wedlock, a male child was born. They were residing at Door No.64 / B2, New Bye Pass Road, Mannargudi. The accused often used to pick up quarrel with the deceased. In this regard, earlier panchayats were also held. On the date of occurrence, i.e on 28.12.2010, at about 6 P.M., accused quarrelled with the deceased and scolded her by saying that she should not stay at the house and should go out of the house. Due to the above cruelty and harassment, the deceased committed suicide by pouring kerosene. Therefore, the charge - sheet was laid against the accused for offence under S.498 (A) and 306 IPC.

3. Initially, the learned Judicial Magistrate No.1, Mannargudi took the case on file in PRC No.3 of 2013 and furnished copies of the case materials and document to the accused. On considering the case materials and documents, the learned Judicial Magistrate No.1, Mannar - gudi, has come to the conclusion that the case is exclusively triable by the Court of Session. Therefore, the learned Judicial Magistrate No.1, Mannargudi, transferred the case to the Principal Sessions Judge, Tiruvarur. The Principal Sessions Judge, Tiruvarur in - turn made over the case to the Assistant Sessions Judge, Mannargudi for trial with respect to the charges laid against the accused under S.498 (A), 306 IPC.

4. The learned Assistant Sessions Judge, Mannargudi, found that prima facie case was made against the accused for offence under S.498(A), S.306 IPC. Accordingly, charges were framed against the accused and was read over to the accused. When the accused was questioned about the respective charges laid against him, he denied the charges and claimed to be tried. Thereafter, the case was transferred to the learned Principal Sessions Judge, Tiruvarur.

5. II. WITNESSES EXAMINED AND DOCUMENTS RELIED UPON:
In order to prove the guilt of the accused, the prosecution has examined nineteen witnesses as PW1 to PW19 and marked Exhibits P1 to P13. The prosecution also marked material objects as MO1 to MO5. On the side of the accused, no documents were examined, however, the statement of the accused was recorded under S.313 Cr.P.C., The accused has denied all the incriminating evidence against him and has not adduced any independent witness nor produced any document.

6. The learned Sessions Judge after considering both oral and documentary evidence on record, by judgment dated 12.12.2014, has convicted the accused. The accused was found guilty for the offence punishable under S.498(A) IPC, and hence, he was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo six months rigorous imprisonment. The period of detention already undergone by the accused was ordered to be set - off under S.4



























































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