Case Note & Summary
The appellant, Ashok Moon, was convicted by the 3rd Adhoc Additional Sessions Judge, Wardha in Sessions Trial 78/2003 for offences under Sections 498A and 306 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for three years and seven years respectively, with fines. He was acquitted under Section 304B IPC. The marriage of the deceased Sulekha and the appellant was solemnized in April 2001. Within 2-3 months, Sulekha left the matrimonial home due to cruelty, including physical assault and a demand of Rs.50,000. She hanged herself at her parental home on 04.04.2003. An oral report (Exh.27) was lodged by her father, P.W.1 Udhav Kolhe, alleging cruelty and an illicit relationship. The prosecution relied on the evidence of P.W.1 and P.W.2 (mother Asha Kolhe) and a suicide note (Exh.53). The court found the evidence credible and the suicide note corroborated the allegations. The appeal challenged the conviction, but the High Court upheld it, finding no merit in the appeal. The court held that the prosecution proved the case beyond reasonable doubt, and the suicide note was a dying declaration. The appeal was dismissed.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Conviction upheld where deceased wife committed suicide due to cruelty and unlawful demand of Rs.50,000 by husband - Suicide note corroborated by oral evidence of parents - Held that the prosecution proved beyond reasonable doubt that the appellant abetted suicide (Paras 1-10). B) Criminal Law - Cruelty by Husband - Section 498A IPC - Conviction upheld where appellant subjected wife to physical and mental cruelty for dowry demand - Evidence of parents and suicide note established cruelty - Held that the appellant is guilty of cruelty (Paras 1-10).
Issue of Consideration
Whether the appellant is guilty of abetment of suicide and cruelty based on evidence of parents and suicide note.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 498A and 306 IPC upheld.
Law Points
- Abetment of suicide
- Cruelty by husband
- Dowry demand
- Suicide note as dying declaration
- Conviction under Section 306 IPC
- Conviction under Section 498A IPC
