Penal Code, 1860 – s.498-A – Husband or relative of husband of a woman subjecting her to cruelty – Dowry demand – Case of the complainant-father that his daughter was found dead inside the matrimonial home, and the accused personsfather-in-law, mother-in-law and brother-in-law of the daughter were present in the house; that the daughter had committed suicide by hanging herself; that the daughter used to inform that her mother-in-law was commenting on her sarcastically for dowry, and that her husband was out of the city – Trial court convicted only the appellant-mother-in-law u/s.498-A and sentenced her, however acquitted others of the charges u/ss.302/34, 304-B and 498A – High Court upheld the same – Correctness:
Held: Order of conviction of the appellant for the offence punishable u/s.498-A and consequential sentence imposed cannot be sustained on the basis of the material evidence – Cumulative effect of the evidence of the witnesses-mother, father and brother of the girl, and the doctor would lead to the irresistible conclusion that the girl-deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her – Neighbour of the appellant deposed that appellant had never made any demand for dowry, and that the deceased had informed her of not keeping well – She being neither the relative of the appellant nor belonging to the same community to which the appellant belongs would indicate that there was no interest in her to depose against the factual matrix or in favour of the appellant – Her evidence having been brushed aside by the courts below on the premise that she could not have deposed any fact with regard to the demand of dowry as it happens within the four walls is an erroneous finding – In such matters the word spreads faster than the wind about a daughter-in-law being harassed for the dowry by the parents in law – Such facts are conspicuously absent – Thus, the judgment of the High Court set aside and the appellant stands acquitted for offence u/s.498-A [Paras 11, 12] Penal Code, 1860 – s.498-A – Term cruelty – Meaning of, for purpose of s.498-A – Explained. [Para 8]
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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