Case Note & Summary
The appellants, Balasaheb Ganpati Jadhav, Ramesh Balasaheb Jadhav, Ratnabai Balasaheb Jadhav, and Surekha Balasaheb Jadhav, were convicted by the 2nd Additional Sessions Judge, Sangli in Sessions Case No.206 of 1993 under Section 498A read with 34 IPC and Section 306 IPC for the alleged dowry-related harassment and abetment to suicide of the deceased Smt. Kalpana, who was married to appellant No.2 Ramesh. The prosecution case was that after about three years of marriage, the appellants began demanding two tolas of gold and Rs.10,000/- from the deceased, and on 7.5.1993, she went out to answer nature's call and did not return, later found dead. The trial court convicted all appellants. On appeal, the Bombay High Court examined the evidence of PW-1 (mother of deceased) and PW-2 (brother), who spoke about demands but their testimony was found vague and inconsistent. The court noted that there was no evidence that the appellants instigated or provoked the deceased to commit suicide, nor was there proof of willful conduct likely to drive her to suicide. The court held that the presumption under Section 113A of the Evidence Act could not be raised without first proving cruelty. Consequently, the court set aside the conviction and acquitted all appellants.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Instigation - Mere harassment or demand of dowry without direct evidence of instigation to commit suicide does not constitute abetment - Held that the prosecution must prove that the accused instigated or provoked the deceased to commit suicide, which was not established in this case (Paras 10-12). B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Willful Conduct - Demand of gold and money, without evidence of physical or mental cruelty likely to drive woman to suicide, does not attract Section 498A - Held that the evidence of PW-1 and PW-2 was vague and inconsistent regarding the alleged demands (Paras 8-9). C) Evidence Act - Presumption as to Abetment of Suicide - Section 113A - Conditions for Presumption - The presumption under Section 113A can be raised only if the prosecution first proves that the deceased committed suicide within seven years of marriage and that the accused subjected her to cruelty - Held that in the absence of proof of cruelty, the presumption cannot be invoked (Para 11).
Issue of Consideration
Whether the conviction of the appellants under Sections 498A and 306 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges.
Law Points
- Abetment to suicide requires direct or indirect act of instigation
- cruelty under Section 498A must be willful conduct likely to drive woman to suicide
- presumption under Section 113A Evidence Act not automatic
