Case Note & Summary
The appellants, Moreshwar Neelkanth Thengari, Neelkanth Arjun Thengari, Sau. Panchabai Neelkanth Thengari, and Sou. Mangala Ramesh Hargude, were convicted by the 2nd Ad hoc Additional Sessions Judge, Pusad in Sessions Trial 27/2000 for offences punishable under Section 498A and Section 306 read with Section 34 of the Indian Penal Code. They were sentenced to simple imprisonment for two years under Section 498A and five years under Section 306, with fines. The appellants appealed to the Bombay High Court, Nagpur Bench. On the date of hearing, neither the appellants nor their counsel appeared despite a previous adjournment. The court expressed displeasure at the counsel's conduct and decided the appeal on merits after scrutinizing the record. The court noted that the appeal was an old criminal appeal and the accused were on bail. The court upheld the conviction, finding that the prosecution had proved the case beyond reasonable doubt. The court dismissed the appeal and confirmed the conviction and sentence.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Conviction upheld where deceased committed suicide within seven years of marriage and evidence showed cruelty and harassment for dowry - Held that the prosecution proved the ingredients of abetment of suicide beyond reasonable doubt (Paras 1-3).
B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Conviction sustained where evidence established that appellants subjected deceased to cruelty and harassment for dowry - Held that the trial court correctly convicted the appellants under Section 498A IPC (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellants under Sections 498A and 306 read with Section 34 IPC is sustainable on the basis of evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence recorded by the trial court are confirmed.
Law Points
- Section 498A IPC
- Section 306 IPC
- Section 34 IPC
- Abetment of Suicide
- Cruelty by Husband or Relatives
- Presumption under Section 113A Evidence Act
Case Details
2017 LawText (BOM) (08) 157
Criminal Appeal No. 373 of 2002
Shri H.R. Dhumale, Addl.P.P. for the respondent
Moreshwar Neelkanth Thengari, Neelkanth Arjun Thengari, Sau. Panchabai Neelkanth Thengari, Sou. Mangala Ramesh Hargude
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Nature of Litigation
Criminal appeal against conviction for offences under Sections 498A and 306 read with Section 34 IPC.
Remedy Sought
Appellants sought to set aside the conviction and sentence imposed by the trial court.
Filing Reason
Appellants were convicted for subjecting the deceased to cruelty and abetting her suicide.
Previous Decisions
Trial court convicted the appellants and sentenced them to imprisonment and fine.
Issues
Whether the conviction under Section 498A IPC is sustainable.
Whether the conviction under Section 306 IPC read with Section 34 IPC is sustainable.
Submissions/Arguments
None for the appellants.
Respondent argued that the conviction is based on evidence and should be upheld.
Ratio Decidendi
The court upheld the conviction after scrutinizing the record, finding that the prosecution proved the ingredients of Sections 498A and 306 IPC beyond reasonable doubt.
Judgment Excerpts
The appellants seek to assail the judgment and order dated 0672002 delivered by the learned 2nd Ad hoc Additional Sessions Judge, Pusad in Sessions Trial 27/2000, by and under which the appellants are convicted for offence punishable under Section 498A of the Indian Penal Code and offence punishable under Section 306 read with Section 34 of the Indian Penal Code.
In light of the noncooperative attitude of the Counsel, I have no option but to decide the appeal on merits after scrutinizing the record, which I have done.
Procedural History
The appellants were convicted by the 2nd Ad hoc Additional Sessions Judge, Pusad in Sessions Trial 27/2000. They appealed to the Bombay High Court, Nagpur Bench. The appeal was heard on 24 August 2017, and the court dismissed the appeal.
Acts & Sections
- Indian Penal Code, 1860 (IPC): Section 498A, Section 306, Section 34
