High Court Acquits Mother-in-Law in Cruelty and Abetment Case Due to Insufficient Evidence and Unreliable Dying Declaration. Conviction Under Section 306 and 498A IPC Set Aside as Prosecution Failed to Establish Cruelty or Live Link Between Harassment and Suicide.

Criminal appeal against conviction under Sections 306 and 498A of the Indian Penal Code, 1860.

The appellant sought quashing of the conviction and acquittal from all charges.

The appellant was convicted by the trial court on 21.1.2006 in Sessions Case 4 of 2003 for offences punishable under Sections 306 and 498A IPC, while co-accused were acquitted.

The trial court convicted the appellant and acquitted the husband, father-in-law, and sister-in-law.

Whether the dying declaration (Exh.76) recorded without a medical fitness certificate is reliable? Whether vague and general allegations of harassment constitute cruelty under Section 498A IPC? Whether there is sufficient evidence for abetment of suicide under Section 306 IPC? Whether the conviction can be sustained when three co-accused were acquitted on the same evidence?

Appellant argued that the judgment of conviction was manifestly erroneous, the evidence was grossly insufficient to establish cruelty or abetment, the dying declaration was unreliable, no specific overt acts were alleged, and the conviction was unjustified when co-accused were acquitted on identical evidence. Respondent State argued that the dying declaration and witness testimonies specifically implicated the appellant, that she was disinclined to resolve issues, and that certain circumstances distinguished her role from the acquitted co-accused.

Omnibus, vague, and general allegations of harassment without any specific incident or overt act do not constitute cruelty within the meaning of Explanation (a) or (b) to Section 498A IPC. Dying declaration recorded without any attempt to obtain a medical fitness certificate, particularly when the victim suffered 98% burns, is not reliable. Conviction under Section 306 IPC requires a live link between abetment and suicide; vague statements are insufficient. Where co-accused are acquitted on the same evidence, the conviction of another co-accused without additional material cannot stand.

The dying declaration is recorded by Head Constable Pandurang (PW 10) in the hospital. Concededly, Laxmi was writhing with pain with 98% burns. The failure of PW 10 Pandurang to even make an attempt to have Laxmi medically examined to ascertain her fitness to give statement, is inexplicable. Omnibus statement that the accused subjected the deceased to harassment, is not sufficient to hold that Laxmi was subjected to cruelty within the meaning of explanation (a) or (b) to section 498A of IPC. The statement in the dying declaration that Laxmi was fed up with life due to the harassment meted out by the accused Sushila is again too general and vague a statement to lead to an inference that the accused Sushila subjected Laxmi to cruelty of such nature and extent as would bring explanation (a) or (b) to section 498A into play. For conviction under Section 306, there must be a live link between the abetment and suicide; vague statements do not establish instigation or intentional aiding.

The appellant was tried along with Mohanlal Verma, Buddhavilas Verma and Asha Mohanlal Verma for offences under Sections 304B and 498A IPC in Sessions Case 4 of 2003 before the 5th Adhoc Additional Sessions Judge, Chandrapur. By judgment dated 21.1.2006, the trial court convicted the appellant under Sections 306 and 498A IPC and sentenced her to rigorous imprisonment for 5 years with a fine of Rs.2,000, while acquitting the three co-accused. The appellant preferred Criminal Appeal No. 42 of 2006 before the High Court.

• Indian Penal Code, 1860: 306, 498A, 304B, 34
• Code of Criminal Procedure, 1973: 313
• Indian Evidence Act, 1872: 32