Case Note & Summary
The appellant, Sheshrao Suryawanshi, was convicted by the Additional Sessions Judge, Osmanabad, for the offence under Section 498-A of the Indian Penal Code (IPC) for cruelty towards his wife Savita. The prosecution case was that Savita was married to the appellant on 15.08.1995. Prior to this, the appellant was married to Meena, who died by drowning along with her son, and the appellant was prosecuted under Sections 306 and 498-A IPC. After Meena's death, the appellant married Savita. The appellant, along with his parents (accused No. 2 and 3), demanded Rs. 50,000/- from Savita's father, Kondiba (PW-1), and subjected Savita to physical and mental ill-treatment, including beating, abuse, and starvation, because the demand was not met. Savita was taken back to her parental home and later returned to the appellant's house. On 09.12.1996, the appellant took Savita back after a quarrel, threatening that if the money was not paid, something would happen within a month. On 16.01.1997, Savita and her minor daughter Radha were found dead in a well. The trial court convicted the appellant under Section 498-A IPC but acquitted him of the charge under Section 306 IPC. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of PW-1 (father), PW-2 (mother), and PW-3 (relative), and found that the demand of Rs. 50,000/- and the ill-treatment were proved. The court held that the appellant's conduct amounted to cruelty under Section 498-A IPC, as it caused mental and physical suffering to Savita. The court noted that the appellant had a history of similar conduct with his first wife. The appeal was dismissed, and the conviction was upheld.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - Dowry Demand - The appellant was convicted for subjecting his wife Savita to cruelty by demanding Rs. 50,000/- and ill-treating her. The court upheld the conviction, finding the evidence of the complainant (father) and other witnesses credible, and that the demand of money coupled with ill-treatment constituted cruelty under Section 498-A IPC (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 498-A IPC for cruelty towards his wife Savita is sustainable based on the evidence on record
Final Decision
Appeal dismissed; conviction under Section 498-A IPC upheld
Law Points
- Cruelty under Section 498-A IPC includes both physical and mental harassment
- demand of dowry constitutes cruelty
- presumption under Section 113-B of Evidence Act applies in dowry death cases
- conviction can be based on testimony of relatives if found credible
