Case BriefsHigh Courts

“There is pain in being a woman, yes but there is pride in it too.”

-Marry Pauline Lowry

Bombay High Court: A Division Bench of Pradeep Nandrajog, C.J. and Bharati Dangre, J., while addressing a criminal appeal explained the agony that was suffered by the deceased – Vaishali in the present case by mentioning the quote above and further stated that,

“Vaishali suffered the pain but did not survive to experience the pride of being a woman – a creator, born to create and before this, she exited the world by extinguishing the flame of her life.”

In the present case, young girl Vaishali ended her life by consuming Dunet methanol in the form of an insecticide and succumbed to the same. PW-1 (deceased’s father) lodged a complaint on the very same day that Vaishali ended her life. PW-1 alleged that his daughter had complained about cruel treatment inflicted on her by her mother-in-law, sister-in-law and her husband (Dinesh).

Further it has been stated that, she was subjected to harassment by her mother-in-law on account of the fact that she intended to marry her son to a girl from her parental side and in turn wanted her daughter Rupali to be married into her maternal family but on account of the marriage of the deceased with her son Dinesh, the relationship contemplated was not fructified. Mother-in-law had also raised a demand of Rs 2 lakhs and on account of such demand deceased was subjected to cruelty both physical and mental.

Reference was made to the incident where Vaishali (deceased) was admitted to a hospital and was found in an unconscious condition. Husband of the deceased stated that Vaishali had consumed insecticide on having a verbal altercation with the mother in law. Therefore based on the above stated, FIR under Sections 498-A, 304-B and 306, Penal Code, 1860 was registered.

Matter was committed to Additional Sessions Judge, Pune who framed the charges against the accused persons under Section 498-A read with Section 34 IPC and he also framed a charge under Section 302 read with Section 34 IPC, in the alternative, a charge under Section 306 and 304-B IPC.

Conclusion

High Court, with the assistance of Counsel for the accused Sanjiv Kadam and learned APP, perused the evidence adduced before the Sessions Court.

Within a period of 6 months of her marriage, deceased committed suicide. Harassment was in the form of taunts and her unacceptability in the house. It also speaks of the deceased being ridiculed by the mother-in-law and her behaviour was reiterated by other members of the family including the husband of the deceased.

“Deceased who was unhappy on account of the harassment could see no hope and she took the desperate step to escape the unbearable suffering and pain which she was subjected to in an attempt not to put an end to her life but to end the traumatic ordeal which she had to undergo within a short span of her marriage life.”

Court added that, Section 498-A came to be inserted to suitably deal not only with the cases of dowry death but also cases of cruelty to a married woman by her in-laws. Raison d’etre of Section 498-A being to prevent the torture being inflicted on a married woman by her husband or his relations and it is not restricted to only in relation to the demands of dowry but it also intended to deal with cruelty inflicted upon a woman in the form of a willful conduct which drives a woman to commit suicide.

Therefore, on perusal of the judgment of the Trial Court, it is noted that the Sessions Judge grossly erred in not considering the evidence brought on record against the deceased’s husband (Dinesh) who was also party to the ill-treatment inflicted to the deceased.

Prosecution witnesses of the deceased have, in unequivocal terms, deposed that Vaishali categorically stated that she was subjected to harassment at the hands of her husband, who also joined in the choir,

“Husband, the only son to whom Vaishali was married played a positive role in the harassment of Vaishali which drove her to commit suicide and this wilful conduct of the husband has escaped the attention of learned Sessions Judge, who has acquitted him of the offence punishable under Section 498-A IPC.”

Object of introducing stringent provision in the IPC in the form of Section 498-A being to deal with such willful conduct, which led to the death of Vaishali, according to the Court should not escape the clutches of law and such conduct as also the persons who inflict such conduct actuating a young married women to end her life, needs to be penalised particularly when the evidence brought on record establishing such a conduct.

In view of the above, the conviction and sentence of the mother-in-law of the deceased is upheld and a notice is issued to Dinesh (husband of the deceased) who was erroneously acquitted by the trial court of the offence punishable under Section 498-A by affording him an opportunity of hearing.[Mandakini Balasaheb Kalbhor v. State of Maharashtra, 2019 SCC OnLine Bom 1774, decided on 04-09-2019]

Case BriefsHigh Courts

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceedings against relatives of a man accused of torturing his wife and demanding dowry from her, holding that allegations against them were of general nature and as such, allowing proceedings against them to continue would amount to abusing the process of the Court.

The instant proceedings arose under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of a complaint case whereunder cognizance was taken against petitioner/husband under Section 498-A of the Penal Code, 1860 for demanding dowry and torture. Primary argument advanced on behalf of the opposite party 2/ wife was that her husband had remarried and was staying with two other wives at Mumbai and that he was refusing to accept her and her two sons without payment of Rs. 5 lakhs for purchase of a kholi.

Learned counsel for the petitioners Mr Uday Kumar submitted that they were the husband’s brothers and his sisters-in-law, who had nothing to do with the matrimonial discord between the parties. It was submitted that they had no objection if opposite party no. 2 and her two sons reside in the matrimonial/ancestral home of the husband.

The Court took note of judgment in Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, where it was held that allegations against husband’s relatives must be scrutinized with great care and circumspection. It was observed that allegations against petitioners were general and omnibus in nature. Admittedly, the main grievance of the wife was against the husband.

It was opined that since the petitioners had taken a categorical stand to give sufficient place/space to the opposite party  2, as per share of her husband, in the ancestral/ matrimonial home, therefore letting the criminal proceeding against them to continue would be an abuse of the process of the Court. Accordingly, the application was allowed.[Bablu Khan v. State of Bihar, 2019 SCC OnLine Pat 386, decided on 27-03-2019]

Case BriefsHigh Courts

Jharkhand High Court: This criminal appeal was filed before the Bench of Ratnaker Bhengra, J., against the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Fast Track Court.

The appellants were convicted under Sections 304-B/120-B and under Section 498-A of Penal Code and sentenced to undergo RI of 7 years and RI of 3 years with a fine of Rs. 2000. Both the sentences were to run concurrently. Accused were alleged with torturing one Dipak Devi for dowry who was murdered on non-fulfillment of their dowry demand. FIR was registered and charge sheet was filed. Appellant contended that the deceased committed suicide which was not accepted by the Trial Court. Trial was held and concluded with the aforementioned conviction and sentence. Hence, this appeal was filed. It was found through the post mortem report that the death occurred due to asphyxia as a result of strangulation. It also stated that the deceased body was hanging from the roof and her feet were touching the ground suggesting that she was first killed and then her suicide was staged by the appellant.

High Court found that there was a history of serious cruelty on the deceased and the fact that her feet were touching ground show that she was killed and her suicide was faked by the appellants. Therefore, the conviction and sentence of the accused was sustained. [Surendra Mishra v. State of Jharkhand, 2019 SCC OnLine Jhar 159, dated 22-02-2019]

Case BriefsHigh Courts

Orissa High Court: The Bench of Akshaya Kumar Mishra, J. acquitted the accused by setting aside the order of the Sessions Court since the allegation of dowry or violence were not proven and were vague.

The facts of the case are that the deceased had married the petitioner in 1997 and after a few days he started demanding for cash, T.V., cycle and for the inability to give those articles, the deceased returned to her father’s house and lodged written FIR. Based upon the testimony of the victim, the demand was found to have been proved. A concurrent verdict was passed in 1999 by the Addl. Sessions Judge dismissing the appeal against the judgment given in 1998 passed by the SDJM. However, the deceased had filed an affidavit in pursuance of the order stating that she was staying with her husband and both of them was blessed with two female children. In today’s date, the children are well settled and are living with their father peacefully.

The Court while setting aside the order passed by the Addl. Sessions Judge, held that there was no clinching evidence to hold the accused persons guilty for the reason that the allegation of torture was not specific and demand of dowry was not commensurate to the common man life. [Raibu v. State Of Orissa, 2019 SCC OnLine Ori 28, Order dated 24-01-2019]