Husband acquitted of charges under Section 498-A IPC on grounds of parity with co-accused

Bombay High Court: A Single Judge Bench comprising of Manish Pitale, J., acquitted the appellant-husband who was convicted by the trial court Section 498-A and other sections of IPC.

The appellant was married to the deceased and within one year of marriage she set herself on fire and committed suicide. It was alleged that the appellant and other co-accused demanded Rs 20,000 from her for treatment of appellant’s father. The trial court convicted the appellant but acquitted the co-accused.

The High Court observed, inter alia, that there were no separate or specific allegations made against the appellant. The trial court had found that the evidence on record was not sufficient to prove that case against the co-accused persons but the same evidence, the appellant was convicted. Moreover, the said demand of Rs 20,000 for treatment of his father such as to bring it under cruelty mentioned in Section 498-A IPC. In such circumstances, the High Court was of the view that conviction of the appellant, even when the co-accused were acquitted on the same evidence, was liable to be set aside. Therefore, the appeal was allowed and the appellant was acquitted of the charges framed against him. [Balaji v. State of Maharashtra,2018 SCC OnLine Bom 1955, dated 02-08-2018]

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