Case Note & Summary
The appellant, Suryabhan Nishane, was convicted by the 6th Additional Sessions Judge, Nagpur, for offences under Section 498A (cruelty) and acquitted under Section 306 (abetment to suicide) of the Indian Penal Code. He appealed against the conviction under Section 498A, and the State did not appeal against the acquittal. The marriage took place in 1989, and after a few years, the appellant began ill-treating his wife, Vijaya, allegedly because she was reluctant to use her D.Ed qualification to work. The ill-treatment included giving electric shocks and burning her with cigarette butts. On 15 July 1998, Vijaya set herself and her child on fire, resulting in their deaths. The brother of the deceased lodged a report, and after investigation, charges under Sections 302 and 498A IPC were framed, but the trial court framed charges under Sections 306 and 498A. The trial court acquitted the appellant under Section 306 but convicted him under Section 498A. The High Court considered the appeal against the conviction under Section 498A. The court examined the evidence of witnesses, including the mother and brother of the deceased, who testified about the cruelty. The court found that the cruelty was proved beyond reasonable doubt, as the appellant had subjected his wife to physical and mental cruelty over a period of time. However, regarding the acquittal under Section 306, the court noted that there was no direct evidence of instigation or active abetment to commit suicide. The presumption under Section 113A of the Evidence Act was not applicable because the cruelty was not shown to be of such a nature as to drive the woman to commit suicide. The court upheld the conviction under Section 498A and dismissed the appeal.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Acquittal upheld - Mere cruelty or harassment without direct instigation or active abetment does not constitute abetment to suicide - The court held that the evidence did not establish that the appellant instigated or actively abetted the deceased to commit suicide, and the presumption under Section 113A of the Evidence Act was not attracted as the cruelty was not shown to be of such nature as to drive the woman to commit suicide (Paras 10-15). B) Criminal Law - Cruelty by Husband - Section 498A IPC - Conviction confirmed - Evidence of repeated physical and mental cruelty including electric shocks and burning with cigarette butts - The court held that the prosecution proved beyond reasonable doubt that the appellant subjected his wife to cruelty, and the conviction under Section 498A IPC was justified (Paras 16-20).
Issue of Consideration
Whether the appellant's conviction under Section 498A IPC is sustainable and whether the acquittal under Section 306 IPC was correct.
Final Decision
The appeal is dismissed. The conviction under Section 498A IPC is upheld. The acquittal under Section 306 IPC is not challenged and remains.
Law Points
- Abetment to suicide requires direct or indirect acts of instigation
- not mere cruelty
- Section 306 IPC
- Section 498A IPC
- presumption under Section 113A Evidence Act not automatic
- cruelty must be of such nature as to drive woman to commit suicide
