The High Court of Jharkhand upheld the conviction of the accused under Section 498A of the IPC after he refused to get her treated after she was diagnosed with cancer and held that the non-providing of proper medical aid to one’s wife to enforce the demand of dowry will come within the definition of cruelty as enunciated under Section 498A of the IPC.
Brief Facts:
The complainant filed a case alleging that after she got married to the accused, she was tortured by her in-laws in his absence and when she reported the same to her husband, he demanded a car and she was driven away from her matrimonial home after which they came to her house and forced her to sign on blank papers and subsequently when she was diagnosed with cancer, her husband refused to get her treated on the ground that her father had not given sufficient dowry for her treatment.
Observations of the Court:
The court stated that as far as the allegation of not providing medical aid to the victim by her husband was concerned, the trial court was right in concluding that the accused was guilty under section 498A for subjecting his wife to cruelty and stated that the non-providing of proper medical aid to one’s wife to enforce the demand of dowry will come within the definition of cruelty as enunciated under Section 498A of the IPC.
The court further stated that the prosecution had not been able to prove its case against the other accused beyond a reasonable doubt and the trial court rightly acquitted them from the charge.
The decision of the Court:
The court dismissed the petition and upheld the impugned order.
Case Title: Ram Kripal Singh and anr. vs. State of Jharkhand and ors.
Coram: Hon’ble Mr. Justice Ambuj Nath
Case No.: Cr. Revision No. 191 of 2011
Advocate for the Applicant: Mr. Sanjay Kumar, Mr. Atanu Banerjee
Advocate for the Respondent: Mr. Arup Kr. Dey, Mr. Atanu Banerjee
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