Case Note & Summary
The appellant, Shrikrishna Marotrao Thawkar, was convicted by the Ad hoc Additional Sessions Judge, Yavatmal, in Sessions Trial No.162 of 1998 for offences under Sections 498A and 306 of the Indian Penal Code. He was sentenced to rigorous imprisonment for three years under Section 498A and five years under Section 306, with fines. The appellant challenged the conviction before the Bombay High Court, Nagpur Bench. The prosecution case was that the appellant married Chanda on 13.12.1993. After living in Surat for four to five years, the couple returned to village Tembhi. The prosecution alleged that the appellant took to drinking and under its influence committed atrocities on his wife, and also demanded money from her. Chanda allegedly committed suicide due to this cruelty. The court examined the evidence of prosecution witnesses, including PW1 (father of the deceased) and PW2 (mother), and found their testimony inconsistent and lacking credibility. The court noted that there was no evidence of any specific act of instigation or abetment by the appellant that led to the suicide. The court also observed that the presumption under Section 113A of the Evidence Act could not be invoked as the prosecution failed to establish the foundational fact of cruelty. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 Indian Penal Code, 1860 - Conviction set aside as prosecution failed to prove that the appellant instigated or abetted the deceased to commit suicide - Mere allegations of cruelty and demand of money are insufficient to establish abetment - Held that there must be direct or indirect act of instigation leading to suicide (Paras 1-10). B) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - Allegations of cruelty not proved beyond reasonable doubt - Evidence of witnesses found unreliable and contradictory - Held that conviction under Section 498A cannot be sustained without credible evidence of cruelty (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 498A and 306 of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Abetment to suicide requires direct or indirect act of instigation
- Section 306 IPC
- Section 498A IPC
- cruelty
- presumption under Section 113A Evidence Act
- standard of proof beyond reasonable doubt
