Siddaling vs The State, through Kalagi Police Station

Court

Supreme Court of India

Date

9 August 2018

Case No.

Criminal Appeal No. 1606 of 2009

Result

Dismissed

Bench

R. Banumathi, Vineet Saran

Citation

[2018] 10 S.C.R. 906 : 2018 INSC 684

Headnote

Penal Code, 1860 – ss.498-A, 306 – Wife of appellant-accused committed suicide within four months of marriage – Prosecution alleged that such extreme step was taken by the victim due to dowry harassment and cruelty meted out to her, as appellant was having illicit relationship with another woman – Trial Court convicted appellant-accused – Conviction maintained by the High Court – On appeal, held: High Court rightly maintained the conviction of the appellant-accused – Prosecution had adduced documentary evidence vide which appellant-accused had admitted before panchayat that he was living with another woman and had agreed to sever his relation with the said woman – Furthermore, prosecution witnesses had clearly stated in their statements that thereafter appellant-accused continued his relationship with that woman, which would have definitely created the psychological imbalance to the victim which led her to commit suicide. Dismissing the appeal, the Court

HELD: 1. In instant case, the prosecution has additionally adduced the documentary evidence viz. Agreement executed before the Panchayat thus whereof the appellant has admitted to be living with another woman and that was seen by his wife. In the said panchayat it was agreed that the appellant will sever his relation with the said woman and agreed to live with his wife in the house of his wife. The witnesses-PW-1, PW-6, PW-10 and PW-22 have clearly in their statement stated that the appellant continued his relation with another woman. The appellant’s illicit relation with another woman would have definitely created the psychological imbalance to the deceased which led her to take the extreme step of committing suicide. The High Court has rightly maintained the conviction of the appellant under Sections 498-A and 306 I.P.C. [Paras 6, 9 and 10] [908-C,G; 909-A] Gurucharan Singh v. State of Punjab (2017) 1 SCC

433 : [2016] 8 SCR 741; Randhir Singh v. State of Punjab (2004) 13 SCC 129 : [2004] 5 Suppl. SCR 351 – referred to.

The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The appellant, accused-husband, has been convicted under Section 498-A I.P.C. and 306 I.P.C. and sentenced to undergo rigorous imprisonment for two years and five years respectively. 2. Marriage of the appellant-Siddaling was solemnized with the deceased-Kavitha on 6th May, 2002. Within four months of the marriage, on 17th September, 2002, Kavitha committed suicide by jumping into a well of the village. Reason for such extreme step, taken by Kavitha, is stated to be the harassment due to the alleged dowry demand and also cruelty

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