Penal Code, 1860 – ss.498-A and 306 – Husband or relative of husband of a woman subjecting her to cruelty – Abetment of suicide – Evidence Act, 1872 – s.113A – Presumption as to abetment of suicide by a married woman – Victimwife committed suicide by consuming tablets of aluminum phosphide-insecticide within two years of marriage – FIR by the victim’s brother alleging that the husband had subjected the victim to cruelty and forced her to commit suicide – Trial court convicted and sentenced the husband for the offence u/s.498-A however, acquitted him for the offence u/s.306 – High Court upheld the order of conviction u/s.498A as also convicted and sentenced him u/s.306 – Challenge to: Held: Giving birth to a male child by the victim and filing of three cases during her life time against the husband-appellant, FIR u/ ss.498-A and 506; complaint u/s.107/151 CrPC and case u/s.125 CrPC seeking maintenance for herself and her child, not disputed – Fact of the deceased having committed suicide by consuming tablets of aluminum phosphide-insecticide, also duly proved by the prosecution – Courts below concurrently held the appellant guilty of the offence u/s.498-A by holding that the appellant had subjected the deceased to cruelty – Appellant’s case that as per the suicide note, the suicide was committed by the deceased on account of her intolerable pain and illness and not due to the cruelty of the appellant, cannot be accepted – Suicidal note not duly exhibited for being admitted in evidence, as also the appellant had not even bothered to inform the parents of the deceased immediately after the incident smacked of his guilt – High Court rightly raised the presumption u/s.113A to hold that the suicide was abetted by the appellant – Prosecution by leading cogent evidence established that the deceased had committed suicide within a period of seven years from the date of her marriage and that the husband had subjected her to cruelty as contemplated in s.498-A – Thus, no illegality or infirmity in the order passed by the High Court convicting the appellant for the offences u/ss.498-A and 306. [Paras 9-11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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