Case Note & Summary
The applicant, Bhaurao Gulabrao Sheshankar, was convicted by the trial court for offences punishable under Sections 498-A and 306 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for seven years. The appellate court confirmed the conviction. The applicant filed two criminal revision applications before the Bombay High Court, Nagpur Bench. The prosecution's case was based primarily on the testimony of Kamlabai, the mother of the deceased. The applicant's counsel argued that Kamlabai's evidence did not make out an offence under Section 498-A IPC as there was no whisper about any demand for dowry. Regarding Section 306 IPC, it was argued that the evidence lacked the requisite requirement for holding a person guilty of abetment to suicide. Alternatively, the counsel submitted that the applicant had already undergone about five years of actual sentence (nine months and twenty-six days prior to conviction and thereafter from 1.4.2006) and sought modification of sentence. The High Court examined the impugned judgments and the evidence of Kamlabai. The court found that Kamlabai's evidence fell short of the ingredients of Section 498-A IPC because she did not mention any demand for dowry or ill-treatment on failure thereof. Consequently, the conviction under Section 498-A was unsustainable. For the offence under Section 306 IPC, the court held that the evidence did not establish active abetment or instigation to commit suicide. Therefore, the court allowed the revision applications, set aside the convictions and sentences, and ordered the applicant's release unless required in any other case.
Headnote
A) Criminal Law - Dowry Death - Section 498-A IPC - Absence of Dowry Demand - Conviction under Section 498-A IPC cannot be sustained if there is no evidence of any demand for dowry or ill-treatment on failure thereof. The prosecution's star witness did not whisper about any dowry demand, hence the essential ingredient of the offence is missing. (Para 3) B) Criminal Law - Abetment to Suicide - Section 306 IPC - Lack of Evidence - For conviction under Section 306 IPC, there must be evidence of active abetment or instigation. Mere harassment without any positive act to drive the deceased to commit suicide is insufficient. The evidence of the mother of the deceased fell short of the requisite requirement. (Para 3)
Issue of Consideration
Whether the conviction under Sections 498-A and 306 IPC is sustainable in the absence of evidence of dowry demand and active abetment to suicide.
Final Decision
Both criminal revision applications are allowed. The impugned judgments and orders of conviction and sentence are set aside. The applicant is acquitted of the offences punishable under Sections 498-A and 306 of the Indian Penal Code. The applicant be set at liberty forthwith, if not required in any other case.
Law Points
- Ingredients of Section 498-A IPC require demand for dowry
- absence of such demand vitiates conviction
- Section 306 IPC requires active abetment
- mere harassment insufficient
