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Thursday, February 19, 2015

Section 498A, 306, 201 and 114 of the Indian Penal Code - case of the prosecution that the husband was keen in his extra-marital affair and that had led to more marital discord and bitterness. -The in-laws, as alleged, used to take away the income earned by her. - A time came when she was compelled to stay on the terrace of the house where she committed suicide on 4th of March, 2004 - Apex court held that the accused may have been involved in an illicit relationship with the appellant no.4, but in the absence of some other acceptable evidence on record that can establish such high degree of mental cruelty, the Explanation to Section 498A which includes cruelty to drive a woman to commit suicide, would not be attracted.-the involvement of the other accused persons, that is, appellant nos. 1, 3 and 4, we find that there is no allegation of any kind of physical torture. The evidence brought on record against them with regard to cruelty is absolutely sketchy and not convincing. - It has been alleged that the mother-in-law used to rob her money which she earned as wages. The said fact has really not been established. As far as appellant no. 4, Jesuben, is concerned, there is only one singular allegation that at one public place, i.e. in a 'mela', she had threatened the deceased that she would be divorced by her husband. On the basis of the said evidence, it is difficult to sustain the conviction under Sections 306 and 498A IPC. Once we are holding that the accused-appellants are not guilty of the offence under Section 306 and 498A IPC, the conviction under Section 201 IPC is also not sustainable. -2015 SC MSKLAWREPORTS

Section 498A, 306, 201 and 114  of  the Indian Penal Code - case of the prosecution that the husband was keen in his extra-marital affair and that had led  to  more  marital
discord and bitterness. -The in-laws, as alleged, used to take away  the income earned by her. - A time came when she was compelled to stay on the terrace of the house where she committed suicide on 4th of March,  2004 - Apex court held that the accused may have been involved in  an
illicit relationship with the appellant no.4, but in the absence of some other acceptable evidence on record that can establish such high  degree of mental cruelty,  the  Explanation  to  Section  498A  which  includes cruelty to drive a woman to commit suicide, would not be attracted.-the  involvement  of  the  other  accused persons, that is, appellant nos. 1, 3 and 4, we find that  there  is  no allegation of any kind of physical torture.   The  evidence  brought  on record against them with regard to cruelty is absolutely sketchy and not convincing. - It has been alleged that the mother-in-law used to rob  her money which she earned as wages.  The said  fact  has  really  not  been established.  As far as appellant no. 4, Jesuben, is concerned, there is
only one singular allegation that at one public place, i.e. in a 'mela', she had threatened the deceased  that  she  would  be  divorced  by  her husband.  On the basis of the said evidence, it is difficult to  sustain the conviction under Sections 306 and 498A IPC.   Once  we  are  holding that the accused-appellants are not guilty of the offence under  Section 306 and 498A IPC, the conviction under  Section  201  IPC  is  also  not sustainable. -2015 SC MSKLAWREPORTS

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