Case Note & Summary
The State of Maharashtra appealed against the acquittal of Bhagvan Tukaram Bhoir, Bharti @ Kusum Bhagvan Bhoir, and Damodar Nathu Bhoir (respondents) by the II Adhoc Additional Sessions Judge, Raigad, in Session Case No.148 of 2000, for offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code. The deceased, Kashibai, was married to respondent No.1 in 1982 and had three sons. The prosecution alleged that respondent No.1 developed illicit relations with respondent No.2 about 5-6 years before her death, leading to harassment and beatings. The deceased complained to her brother P.W.3 Manohar, who tried to intervene. Respondent No.1 left the deceased and lived with respondent No.2, taking the children. The harassment continued, including an incident where respondent No.1 stuffed a wooden piece in the deceased's private part, causing injury. Respondent No.3 threatened her not to disclose facts. About 20 days before the incident, respondents 1 and 2 beat her and asked her to leave the house. On 25th (date not specified), the deceased committed suicide. The trial court acquitted all respondents, finding insufficient evidence of abetment to suicide and cruelty. The State appealed. The High Court examined the evidence, including testimony of P.W.3 Manohar and P.W.4 sister. The court noted that the deceased's suicide occurred about 20 days after the last alleged harassment, and there was no direct evidence of instigation. The court held that the presumption under Section 113A of the Evidence Act is not automatic and requires proximity. The trial court's findings were not perverse. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 Indian Penal Code, 1860 - Requirement of Instigation - The court held that for an offence under Section 306 IPC, there must be a direct or indirect act of instigation, and mere harassment or illicit relationship without proximate link to suicide is insufficient. The deceased's suicide was not proved to be a direct result of the respondents' conduct. (Paras 1-10) B) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - Presumption under Section 113A Evidence Act - The court noted that the presumption under Section 113A of the Indian Evidence Act, 1872 is not automatic and requires proof of cruelty or harassment shortly before death. In this case, the evidence of harassment was not proximate to the suicide. (Paras 5-8) C) Criminal Law - Acquittal Appeal - Scope of Interference - The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible. (Paras 9-10)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498A and 306 read with Section 34 IPC was justified given the evidence of harassment and illicit relationship.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents.
Law Points
- Abetment to suicide requires direct or indirect act of instigation
- Section 306 IPC
- Section 498A IPC
- presumption under Section 113A Evidence Act not automatic
- cruelty must be proximate to suicide
