Case Note & Summary
The case arises from the suicide of Vigya, who married the accused Sandip Sundar Shetty in a love marriage on 14th December 1997. The couple lived in Delhi from early 1998 until October 2004, when Vigya moved to Mumbai for a job and resided with her parents. The accused followed in February 2005 after securing employment in Mumbai. They initially lived with Vigya's parents and later moved to the accused's parental home in Mulund. The prosecution alleged that the accused demanded Rs.10 lakhs from Vigya to purchase a house and harassed her for non-fulfillment of this demand, leading to her suicide by hanging on 22nd May 2005. The trial court acquitted the accused of offences under Sections 498A and 306 IPC. The complainant (Vigya's mother) and the State appealed. The High Court examined the evidence, including testimonies of parents, the maid, and the suicide note. The court found that the alleged demand was not proven as a dowry demand, and there was no evidence of cruelty or harassment soon before death. The suicide note did not implicate the accused. The court held that the presumption under Section 113A of the Evidence Act was not attracted as the prosecution failed to establish cruelty. The appeals were dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dowry Harassment - Section 498A IPC - Cruelty - The prosecution failed to prove that the accused subjected his wife to cruelty for or in connection with any demand for dowry. The alleged demand for Rs.10 lakhs for purchasing a house was not established as a dowry demand, and there was no evidence of harassment soon before death. The love marriage and long cohabitation without complaint negated the allegation. (Paras 2-10) B) Criminal Law - Abetment of Suicide - Section 306 IPC - Instigation - The suicide note did not name the accused or allege any instigation. The deceased expressed frustration with life but did not attribute any act to the accused. The presumption under Section 113A of the Evidence Act was not attracted as there was no proof of cruelty. (Paras 11-15) C) Evidence Act - Presumption as to Abetment of Suicide - Section 113A - The presumption under Section 113A can be raised only if the prosecution first establishes that the deceased was subjected to cruelty by the accused. In the absence of such proof, the presumption does not arise. (Para 14)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 498A and 306 IPC was correct in the absence of credible evidence of cruelty or abetment of suicide.
Final Decision
Both appeals dismissed. Acquittal of accused for offences under Sections 498A and 306 IPC upheld.
Law Points
- Presumption under Section 113A of Evidence Act is not automatic
- burden on prosecution to prove cruelty and abetment
- mere demand of money not sufficient for Section 498A
- suicide note must directly implicate accused for Section 306
- love marriage and long cohabitation without complaint negates cruelty
