High Court Criminal Appeals dealing with conviction for abetment to suicide (IPC 306) and cruelty (IPC 498-A). Court acquitted appellant of abetment to suicide but upheld cruelty conviction, maintaining sentence served.
Conviction for 498-A upheld; acquitted of 306; sentence for 498-A merged with time served; fine refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
901.631.1993
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPEAL NO. 631 OF 1993
.....Appellants
V/s.
The State of Maharashtra
....Respondent
Mr. Sachin R. Pawar for Appellant Ms. G. P. Mulekar APP for the State.
CORAM : SMT. SADHANA S. JADHAV, J. DATED : JUNE 19, 2014
JUDGMENT :
convicted for offences punishable under sections 306, 498-A r/w 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 500/- in default to suffer rigorous imprisonment for 3 months
for offence punishable under section 306 r/w 34 of Indian Penal Code. He is also sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs. 300/- in default to suffer rigorous imprisonment for one month for offence
punishable under section 498-A of Indian Penal Code. Hence, this appeal.
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Appeal as far as appellant no. 2 is concerned, stands abated as she has expired during the pendency of the appeal.
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and set fire, today afternoon, exact time not known. She was admitted in the hospital by Mamtabai i.e. original accused no. 2. On 02/06/1988, Shyama succumbed to the burn injuries. On the basis of the statement of mother of Shyama namely Heerabai Tilekar, crime no. 124/1988 was registered at Khadki Police Station, Pune. Accused were arrested on 01/08/1988 at about 11.00 pm. Investigation was completed and charge-sheet was filed on 20/07/1988. The case was committed to the Court of Sessions and registered as Sessions Case No. 363/1989. Prosecution examined 9 witnesses to bring home the guilt of the accused.
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lodged a report at Ganjpeth Police Station when she was residing with her for 6 months. While her daughter was residing with her, she was working as a housemade near Zunka Bhakar Kendra. Accused no. 1 used to go at the work place of Shyama and always asked her to accompany him to the matrimonial house. Shyama had lodged a report at Phadgate Police Station. Accused no. 1 used to visit the house of P. W. 1 when Shyama was residing there. He had requested P. W. 1 to send Shyama to her matrimonial home and had assured that he would not ill-treat her. When Shyama refused to oblige, accused no. 1 had sent her legal notice. The couple had arrived at a compromose and Shyama had returned to her matrimonial home. She had conceived pregnancy. The accused persons had again started ill-treating her. She was assaulted even when she was pregnant of 6 months. Her mother-in-law had given kick blow to her and had forcibly snatched the Mangalsutra from her neck and then Shyama was reached to her maternal house with a clear understanding that she shall return to her matrimonial abode only after delivery. After 3 months from delivery, P. W. 1 had reached Shyama to her matrimonial house. The illtreatment had continued. She was being assaulted by both the accused. P. W. 1 had given money to her daughter time and again. Her husband i.e. accused no.
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1 was unemployed and Shyama used to earn by doing labour work of rolling papads. P. W. 1 has further stated that her maternal aunt Bhagubai is the tenant of the accused and resides in the same wada. She had informed P. W. 1 about the atrocities meted out to Shyama. On the day of incident i.e. 01/06/1988, accused no. 1 had informed P. W. 1 that her daughter is in Sassoon Hospital as she is burnt. P. W. 1 immediately rushed to the hospital and had inquired with Shyama. At that time, she had disclosed to P. W. 1 that on that day, she was cleaning the house. There was some dirt on the table which enraged her mother-in-law. At about 3.00 to 3.30 pm, she was beaten by her husband on that ground and since she could not tolerate the beating anymore, she had poured kerosene on herself and set herself ablaze. Upon receiving information from her daughter, P. W. 1 had immediately approached the police station and lodged a report. She has proved the contents of the report which is at Exhibit
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elicited in the cross-examination that in spite of legal notice on two occasions, Shyama had refused to return to her matrimonial abode and therefore, compromise was effected between them. She has admitted that she had not lodged any report in respect of the treatment meted out to her daughter. She has further admitted in the cross-examination that before she reached Sasoon Hospital, dying declaration of Shyama was recorded. Since Shyama had disclosed to her, she had gone to the police station and lodged the report. She has denied the suggestion that Shyama had no mannerisms of conducting herself. It is also admitted that the accused are drawing income from house rent. That at the time of marriage, accused no. 1 was doing centering work with a contractor. She has denied the suggestion that Shyama had committed suicide since she had given birth to a female child. As far as ill-treatment meted out to Shyama is concerned, the defence has failed to shatter the testimony of P. W. 1.
persons. She was witness to the ill-treatment meted out to Shyama and conveyed the same to P. W. 1.
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recorded the dying declaration of Shyama which is at Exhibit 22. He has deposed before the Court that before recording the dying declaration, he had
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ensured that there are no relatives near the injured and that she was in a fit condition to give her statement. He had recorded the statement of Shyama in the presence of the doctor who had given treatment to her. He has deposed about the contents of the dying declaration and has hence, proved the contents of the dying declaration. He had countersigned the statement of Shyama. The witness has not been cross-examined and hence, the contents of the dying declaration at Exhibit 22 stand proved.
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effected between the parties.
On 01/06/1988, at about 6.30 pm, head constable Gaikwad had handed over to him the copy of the statement/dying declaration of the Shyama recorded by Special Magistrate Retawade. P. W. 8 had conducted the spot panchanama which is at Exhibit 24. He had then recorded the statement of P. W. 1 and the same was sent along with his report for registration of offence. Report is at Exhibit 29. Crime No. 124/1988 was registered on the basis of the said statement. He has feigned ignorance about whether deceased was taken to the hospital by fire brigade agency. He had not inquired as to who had taken Shyama to the hospital and what time she was admitted. The defence has questioned him about the compromise deed. The same need not be considered
as the prosecution witnesses have not disputed the execution of the compromise deed between the parties.
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contents of the history as narrated by the deceased. It is elicited in the crossexamination that one person B B Alhat i.e. accused no. 1 had had donated the blood to the patient at 7.00 pm. The certificate issued from the blood bank is at Exhibit 47.
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
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“For the purposes of this section, "cruelty" means- any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman.”
“Abetment of a thing.—A person abets the doing of a thing, who—
(First) — Instigates any person to do that thing; or
(Secondly) —Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
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(Thirdly) — Intentionally aids, by any act or illegal omission, the doing of that thing.”
O R D E R
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Sessions Judge, Pune dated 09/11/1993 for offence punishable under section 498 (A) r/w 34 of Indian Penal Code is upheld. Appellant was taken into custody on 22/2/2013 and is in jail since then.
section 306 of Indian Penal Code.
(viii) Appellant be released forthwith, if, not required in any other offence.
Appeal stands disposed of.
(SMT. SADHANA S. JADHAV, J.)
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3 issues framed by the court
Whether the appellate court should uphold the conviction for cruelty causing suicide or acquit the appellant of abetment of suicide.
How to handle the appeal regarding the deceased second appellant whose appeal has abated.
Whether the appellant should be sentenced for the period already undergone or reframed as a fine maintenance.
3 provisions across 1 enactments
Bhagwan Baburao Alhat
Mamtabai Baburao Alhat
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
