Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 30th March 2002 passed by the 1st Adhoc Additional Sessions Judge, Satara, in Sessions Case No.127 of 2000, convicting the respondent Dattatraya Tukaram Kadam for offences punishable under Sections 498A and 306 of the Indian Penal Code. The prosecution case was that the respondent married Sujata on 28th April 1999, and thereafter subjected her to cruelty by suspecting her character and forcing her to undergo abortions on two occasions against her wish. Fed up with the constant ill-treatment, on 20th March 2000, Sujata committed suicide by jumping into a canal. The respondent lodged an accidental death report, but the deceased's mother, PW2 Saraswati Aangre, filed an FIR against the respondent. After investigation, chargesheet was filed. The trial court convicted the respondent under Sections 498A and 306 IPC. The State appealed against the acquittal of the respondent for the offence under Section 306 IPC, but the High Court noted that the trial court had actually convicted the respondent under both sections. The High Court examined the evidence of PW2 (mother), PW4 (landlord), and PW5 (brother), who testified about the respondent's suspicious nature and the forced abortions. The court found that the prosecution had proved the cruelty and abetment of suicide beyond reasonable doubt. The court held that the respondent's conduct of suspecting his wife's character and forcing her to abort constituted cruelty under Section 498A IPC, and that such cruelty instigated the suicide, making the respondent liable under Section 306 IPC. The court also applied the presumption under Section 113A of the Evidence Act, as the suicide occurred within seven years of marriage. The High Court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - Mental Cruelty - The accused repeatedly suspected his wife's character and forced her to undergo abortions against her will, which constituted mental cruelty. The court held that such conduct amounts to cruelty under Section 498A IPC as it drove the wife to commit suicide. (Paras 1-13) B) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Instigation - The accused's persistent suspicion and forced abortions were acts of instigation that led the wife to commit suicide. The court held that the prosecution proved the ingredients of abetment of suicide beyond reasonable doubt. (Paras 14-20) C) Evidence Law - Presumption as to Abetment of Suicide - Section 113A Indian Evidence Act, 1872 - Suicide within Seven Years of Marriage - The deceased committed suicide within one year of marriage, and the prosecution established cruelty, raising the presumption under Section 113A that the accused abetted the suicide. The court upheld the conviction. (Paras 21-25)
Issue of Consideration
Whether the conviction of the respondent under Sections 498A and 306 of the Indian Penal Code is sustainable on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of the respondent under Sections 498A and 306 IPC.
Law Points
- Cruelty under Section 498A IPC includes mental torture by suspecting character
- Abetment of suicide under Section 306 IPC requires direct or indirect act of instigation
- Forced abortion amounts to cruelty
- Suicide within seven years of marriage raises presumption under Section 113A Evidence Act
