Case Note & Summary
The case involves a Criminal Appeal by the State of Maharashtra against the acquittal of the accused under Section 306 IPC and a Revision by the accused challenging his conviction under Section 498-A IPC. The accused, Ramkishor, married Dayawati in 1978. They had three children, one of whom survived. On 15.03.1993, Dayawati committed suicide. The prosecution alleged that the accused harassed her for money and subjected her to cruelty. The trial court convicted him under Sections 498-A and 306 IPC. The lower appellate court upheld the conviction under Section 498-A but acquitted him under Section 306. The High Court, hearing both matters together, confirmed the conviction under Section 498-A, finding sufficient evidence of cruelty, but upheld the acquittal under Section 306 due to lack of evidence of abetment. The court noted that the presumption under Section 113-A of the Evidence Act was not applicable as the cruelty was not shown to be soon before the suicide. The appeal by the State was dismissed, and the revision by the accused was partly allowed, maintaining the conviction under Section 498-A.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - The court upheld conviction for cruelty where the accused-husband subjected his wife to harassment and demand for money, leading to her suicide. The evidence of witnesses and dying declaration established cruelty. (Paras 2-4)
B) Criminal Law - Abetment to Suicide - Section 306 Indian Penal Code, 1860 - The court set aside conviction under Section 306 IPC as there was no direct evidence of instigation or abetment. The presumption under Section 113-A of the Evidence Act was not attracted due to lack of proof of cruelty soon before death. (Paras 2-4)
Issue of Consideration
Whether the accused's conviction under Section 498-A IPC is sustainable and whether the acquittal under Section 306 IPC is correct.
Final Decision
The Criminal Appeal No. 557/2007 filed by the State is dismissed. The Criminal Revision Application No. 211/2007 filed by the accused is partly allowed, maintaining the conviction under Section 498-A IPC but upholding the acquittal under Section 306 IPC.
Law Points
- Cruelty under Section 498-A IPC
- Abetment to suicide under Section 306 IPC
- Standard of proof for abetment
- Presumption under Section 113-A Evidence Act
Case Details
2020 LawText (BOM) (02) 139
Criminal Appeal No. 557 of 2007 with Criminal Revision Application No. 211 of 2007
Shri I.J. Damle, APP for Appellant-State; Ms. A.S. Wanjari h/f Shri M. Anilkumar for Respondent/Applicant
State of Maharashtra (in Appeal); Ramkishor s/o Lakhan Kewat (in Revision)
Ramkishor s/o Lakhan Kewat (in Appeal); State of Maharashtra (in Revision)
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Nature of Litigation
Criminal Appeal against acquittal under Section 306 IPC and Criminal Revision against conviction under Section 498-A IPC.
Remedy Sought
State sought reversal of acquittal under Section 306 IPC; accused sought acquittal under Section 498-A IPC.
Filing Reason
The accused was convicted under Sections 498-A and 306 IPC by the trial court; the lower appellate court upheld conviction under Section 498-A but acquitted under Section 306.
Previous Decisions
Trial court convicted under Sections 498-A and 306 IPC; lower appellate court confirmed conviction under Section 498-A but set aside conviction under Section 306.
Issues
Whether the conviction under Section 498-A IPC is sustainable?
Whether the acquittal under Section 306 IPC is correct?
Submissions/Arguments
State argued that the lower appellate court erred in acquitting the accused under Section 306 IPC.
Accused argued that the conviction under Section 498-A IPC is not sustainable due to lack of evidence.
Ratio Decidendi
The court held that the evidence on record establishes cruelty under Section 498-A IPC, but there is no direct evidence of abetment to suicide under Section 306 IPC. The presumption under Section 113-A of the Evidence Act was not attracted as the cruelty was not shown to be soon before the suicide.
Judgment Excerpts
The learned lower Appellate Court, partly allowed the appeal preferred by the accused, confirming the conviction under Section 498-A of the Indian Penal Code, however, set aside the conviction of the accused under Section 306 of the Indian Penal Code.
The learned Assistant Session Judge-3, Chandrapur has convicted the accused under Section 498-A of the Indian Penal Code and sentenced him to suffer R.I. for a period of one year and to pay a fine of Rs.500/- in default to suffer R.I. for a further period of one month, whereas under Section 306 of the Indian Penal Code, he had sentenced the accused to suffer R.I. for a period of four years and to pay a fine of Rs.1,000/- in default to suffer R.I. for a further period of three months.
Procedural History
The trial court convicted the accused under Sections 498-A and 306 IPC. The accused appealed to the Sessions Court, which partly allowed the appeal, confirming conviction under Section 498-A but acquitting under Section 306. The State appealed against the acquittal, and the accused filed a revision against the conviction under Section 498-A. Both matters were heard together by the High Court.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 306
- Indian Evidence Act, 1872: 113-A
