Case Note & Summary
The appellant, Dhondiram Janardhan Kashid, was convicted by the III Additional Sessions Judge, Satara, for the offence punishable under Section 498A of the Indian Penal Code (IPC) and sentenced to two years rigorous imprisonment and a fine of Rs. 500, with default imprisonment. He was acquitted of offences under Sections 306 and 504 read with 34 IPC. The appellant appealed against his conviction. The facts reveal that the appellant married Sarubai on 8th May 1990. He worked as an agricultural labourer and lived with his wife in a hut. On 31st December 1991, Sarubai died in the agricultural land. Initially treated as accidental death, it was later discovered that she died due to poisoning. The father of the deceased, Vishwanath Raut (PW1), lodged a report on 7th January 1992 alleging that the appellant harassed his daughter for money and land. The prosecution examined PW1 and PW2 (brother of the deceased), who testified that Sarubai had visited her maternal home on Nag Panchami and disclosed that the appellant was demanding money and land from her father and harassing her. The trial court convicted the appellant under Section 498A IPC. In appeal, the High Court re-appreciated the evidence and found the testimony of PW1 and PW2 consistent and credible. The court noted that the appellant's demand for money and land constituted cruelty under Section 498A IPC. The court also observed that the appellant was acquitted of abetment to suicide, but the conviction for cruelty was sustainable. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498A IPC - Dowry Harassment - The appellant was convicted for subjecting his wife to cruelty by demanding money and land from her father, leading to her suicide by poisoning. The court held that the consistent testimony of the father (PW1) and brother (PW2) regarding the demand and harassment, coupled with the wife's disclosure to them, established cruelty beyond reasonable doubt. The appeal was dismissed. (Paras 1-10) B) Evidence Act - Presumption as to Abetment of Suicide - Section 113A - The court noted that the wife died within seven years of marriage and there was evidence of cruelty, but the appellant was acquitted of abetment to suicide under Section 306 IPC. The presumption under Section 113A was not applied as the prosecution failed to prove abetment. (Para 1) C) Criminal Procedure Code - Appeal against Conviction - Section 374 - The High Court, in appeal, re-appreciated the evidence and found the trial court's findings on cruelty to be correct. The sentence of two years rigorous imprisonment and fine was upheld. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 498A of the Indian Penal Code, 1860 for cruelty towards his wife is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 498A IPC are upheld.
Law Points
- Cruelty under Section 498A IPC includes both physical and mental harassment
- demand for property or valuable security
- and conduct likely to drive a woman to suicide. The presumption under Section 113A of the Evidence Act can be invoked if suicide occurs within seven years of marriage and there is evidence of cruelty. The testimony of close relatives
- if consistent and corroborated
- is sufficient to sustain conviction.
