Judgment - Section 498A - Acquittal of Husband

Court: Bombay High Court

Bench: JUSTICE Vishnu Sahai

Rajendra Ramkrishna Lande Vs. State Of Maharashtra On 30 July 1997

Law Point:
Allegations of general nature. Not a case of prosecution that Husband used to physically ill-treat deceased Wife.Fit case to grant benefit of doubt to appellant.

JUDGEMENT

1. Through this appeal, the appellant challenges the judgment and order dated 6.10.1990, passed by the Sessions Judge, Solapur, in Sessions Case No. 126 of 1990, whereby he has been convicted and sentenced in the manner stated hereinafter :

(i) Under Section 498-A, I.P.C. to 3 years R.I. and to pay a fine of Rs. 1,000/-, in default to suffer R.I. for 3 months; and

(ii) Under Section 306, I.P.C. to 5 years R.I. and to pay a fine of Rs. 1,000/-, in default to suffer R.I. for 3 months.
Along with the appellant, were tried his father Ramkrishna, his mother Shalanbai, his maternal uncle Sharad and his maternal aunt Mangal, but they have been acquitted vide the impugned judgment.

2. In short, the prosecution case runs as under :
On 21.5.1989, the appellant was married to the deceased Archana. The evidence shows that whatever was settled in the marriage was given to him. 20 days after the marriage, Nagnath, Archana’s father went to village Kurul where Archana was living after marriage and was told by her that the appellant and his parents were harassing her on the ground that the articles settled were not given in the marriage and were also demanding a motor-cycle. Archana also told Nagnath that the appellant wanted to re-marry.
Three weeks prior to the date of the incident, Gopabai, grand-mother of the appellant came and informed Nagnath that Archana was ill and was calling him and his wife. Consequently, they went and found that Archana was no till. The appellant and his parents told them that they were not willing to maintain Archana.

On 7.12.1989, Nagnath received a letter Exhibit 25 from the appellant stating therein that he wanted divorce within 4 days.
On 14.12.1989, Nagnath had gone to Mohol. At about 5.30 p.m. when he returned, he found that Archana was dead. On enquiry, he learnt that she had committed suicide by hanging herself and a chit (Exhibit 32) fastened to her right wrist by two rubber bands was found. The said chit was in Archana’s hand writing and therein it was mentioned that on account of ill-treatment of the appellant and his parents and because of the demand of motor-cycle by the appellant and the prospect that he was going to marry again in her life-time, she had committed suicide. It was also mentioned therein that Rs. 35,000/- which has been spent in the marriage by her parents should be taken from the appellant and others.

3. On Archana’s death, the police patil of Morwanchi came to Police Station, Mohol at 7.30 p.m. on 14.12.1989 and made an oral report about the death which was reduced in writing by Head Constable Mohiuddin Shaikh, P.W. 9. On the said report (Exhibit 50), the said Constable registered a case of accidental death. When on 15.12.1989, P.S.I. Patlu Gaikwad visited Morwanchi, the complainant Nagnath, P.W. 5 handed over the F.I.R. Exhibit 40.
The post-mortem examination of the corpse of Archana was conducted on 15.12.1989 by Dr. S.P. Dhumal and Dr. S.M. Kore and the same shows that Archana died as a result of asphyxia due to hanging.

4. After the usual investigation, the appellant and others were charge-sheeted. They were put up for trial for various offences. During trial, in all, prosecution examined 11 witnesses. In defence, two witnesses viz. Dr. Prakash Joshi and Dr. Abhay Amle were examined by the appellant with a view to substantiate his defence that after the marriage, Archana was frequently falling sick and on account of her chronic illness, she committed suicide.

5. After recording the evidence adduced by the parties, the trial Judge convicted and sentenced the appellant in the manner stated above but however, acquitted the accused persons who were tried with him.
Hence this appeal.

6. I have heard Mr. T.E. Mane for the appellant and Ms. P.H. Kantharia for the respondent. I have also perused the evidence on record and the impugned judgment. I find that the conviction of the appellant is unsustainable and he deserves to be acquitted. At the very outset, I would like to point out that the evidence in support of the demand furnished by Nagnath, the father of Archana and contained in the chit Exhibit 32 written by Archana, is of a general nature and implicates the appellant as well as his parents who have been acquitted by the Trial Court.

7. I find that the defence of the appellant which is contained in a detailed written statement (Exh. 95) filed by him in the Trial Court and which is to the effect that Archana was perpetually ill and in order to get rid of her illness, committed suicide, is plausible.

The learned trial Judge in paragraph 10 of the impugned judgment has referred to the statement of D.W. 2 Dr. Amle who deposed that on 25.6.1989, 19.8.1989 and 6.9.1989, he medically examined and treated Archana for fever, headache and giddiness.
In the same paragraph, the learned Judge has referred to the evidence of DW1 Dr. Joshi who stated that Archana was admitted in Utkarsh Hospital, Solapur and was found to be suffering from Chronic Gastritis and Depression. He also deposed that patients like her had a tendency to commit suicide.

In the same paragraph, the learned trial Judge has also stated that Archana was admitted as a patient in Utkarsh Hospital from 18.9.1989 to 28.9.1989.

8. A perusal of written statement of the appellant that on 6.12.1989, he wrote a letter to Nagnath alleging therein that he wanted divorce from Archana. By another letter dated 11.12.1989, he informed Nagnath that on 17.12.1989, he would be taking a final decision on the question of divorce. It appears that when Archana learnt about this letter, she being perpetually ill felt frustrated and did not feel the urge for living any longer and committed suicide.

9. I am not able to persuade myself to accept the averment in Exhibit 32 that because Archana’s father did not give Manpan in the marriage to the appellant and his parents and the motor-cycle to the appellant, she was harassed and committed suicide. Apart from the fact that the allegations in this respect are of a general nature and have not been relied against the parents of the appellant who have been acquitted by the Trial Court, I find that it is not the prosecution case that the appellant used to physically ill-treat Archana because he was not given a motor-cycle. Therefore, in my view, the greater probability is that she did not commit suicide because of the harassment meted out to her by the appellant and his parents but because she felt frustrated at the prospect of a second marriage by the appellant. The latter fact is also mentioned in Exhibit 32.

10. In my view, the learned trial Judge adopted an unrealistic approach when he observed that since the appellant knew that Archana was very ill, he should not have written a letter to her father wanting divorce from her and since he did that, he was guilty of the offences punishable under Sections 498-A and 306 I.P.C. On the latter count because a presumption under Section 113-A of the Evidence Act would be raised against him. In my view, this is a fit case wherein the appellant deserves the benefit of doubt.

11. In the result, this appeal is allowed. The appellant is given benefit of doubt on both the counts viz. 498-A I.P.C. and 306 I.P.C. His conviction and sentence on the said counts is set aside. In case, he has paid the fine, it shall stand refunded to him. He is on bail. He need not surrender. His bail bonds shall stand cancelled and sureties discharged.

Appeal allowed.

DISCLAIMER: The above judgement is posted for informational purpose ONLY. Printout/ Copy from this website are not admissible citation in the Court of Law. For a court admissible copy contact your advocate.

You may contact me for  consultation or advice by visiting Contact Us