Prakash M. Adhau vs State Of Maharashtra
2006 Latest Caselaw 153 Bom

JUDGMENT

R.C. Chavan, J.

1. Appellant Prakash, who has been convicted by the learned Sessions Judge, Akola for offence punishable under Section 498-A of the Penal Code and sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500/- has preferred this appeal challenging his conviction.

2. Fact which led to prosecution and conviction of the appellant, are as under:

The appellant was married to Anuradha in the year 1993. The couple has two children - a daughter by name Kalpana and a son by name Shivsagar. The appellant used to harass and ill-treat Anuradha. This had led Anuradha to give report to the police on 27-8-1998, on the basis of which a crime was registered. Anuradha was staying with her parents after this incident of the year 1998. Accused Prakash was thereafter seriously ill and admitted to Civil Hospital, Akola. Anuradha went to see her husband, where the appellant - her husband- assured that he would not ill-treat her and requested her to come back to the matrimonial home. Accordingly, Anuradha went back to her matrimonial home. Thereafter, on 23-3-2000, complainant Purushottam was informed by a relation that Anuradha was serious and admitted to Civil Hospital, Akola when Purushottam reached the Civil Hospital, he found that his sister was already dead. After getting the dead body and performing the last rites on 24-3-2000, a report was made by Purushottam to the police, whereupon an offence was registered and investigation was commenced. After conclusion of the investigation, the police sent charge-sheet against Prakash as well as his brother Pandurang for offences punishable under Sections 478-A and 306 read with Section 34 of the Penal Code.

3. Upon commitment of the case to the Court of Session, the learned Sessions Judge charged the two accused of offences punishable under Sections 498-A and 306 read with Section 34 of the Penal Code. After considering the evidence of 11 prosecution witnesses examined to prove the guilt, the learned Sessions Judge held that the offence punishable under Section 306 of the Penal Code was not proved, but that punishable under Section 498-A of the Penal Code was proved only against appellant Prakash. He therefore, convicted and sentenced appellant Prakash accordingly. Aggrieved thereby, this appeal has been filed.

4. I have heard Shri L.H. Kothari, the learned Counsel for the appellant, and Shri S.S. Doifode, the learned Additional Public Prosecutor for the State. With the help of both the learned Counsel I have gone through the evidence on record in order to find out whether the conviction of the appellant was unjustified.

5. In this case, it may be seen that the victim was married to the appellant in the year 1993. The incident had occurred on 20-3-2000. In between, there was one incident in respect of which a report was given on 27-8-1998. This report was proved by PW 10 H.C. Himmatrao. This report at Exhibit 43 would show that Anuradha had complained that for first 12 months after the marriage she was treated well. Thereafter her husband started ill-treating and beating her for bringing money from parental house after consuming liquor. In spite of entreaties of Anuradha that her father was a poor person and would not fulfil his demands, the accused continued ill-treatment. She had also alleged that her brother-in-law Pandurang provoked her husband to beat her over the issue of bringing Rs. 5,000/- from the parental home. She alleged that her husband had threatened by pouring kerosene on her person. On 24-8-1998, she was severely beaten with iron pipe and fist and kick blows and, therefore, she had given the said report, whereupon an offence was registered. PW. 10 Himmatrao admitted that he had not referred Anuradha for any medical examination. Thus, except for the oral word in the report of Anuradha that she was beaten up, there was no corroboration.

6. PW 2 Purushottam stated that Anuradha used to inform them that Prakash used to beat her and ask her to bring money from her parents' home. It may be mentioned that Anuradha's brothers and parents reside in the vicinity of Akola, whereas her matrimonial home at Gandhigram is also in the vicinity of Akola. In cross-examination, PW 2 Purushottam admitted that when Anuradha learnt of Prakash being admitted to Civil Hospital, she went to see Prakash and from there went to her matrimonial home at Gandhigram on her own. He had admitted in cross-examination that since her marriage, Anuradha had visited the parental home on 15 to 20 occasions; on 2 to 3 occasions, accused Prakash took Anuradha to her matrimonial home; on 2 to 3 occasions, her brother-in-law took her back and on some occasions, the witness carried her back. He admitted that on no occasion, Anuradha was sent to matrimonial home forcibly.

7. PW 3 Savita is the wife of PW 2 Purushottam. She too stated that Anuradha used to report that the accused Prakash used to beat her on account of demand of money. Savita also stated that on seeking serious condition of Prakash in the hospital, Anuradha stayed in the hospital itself and went to her matrimonial home without telling to them. She stated that after Anuradha had returned to matrimonial home and before she died, Anuradha had visited to their house on 2 to 3 occasions and told her that she was beaten by accused Prakash, Anuradha had taken Rs. 2,000/- from them. This fact is missing in the evidence of PW 2 Purushottam. Savita identified signature of her brother-in-law Gopal on a letter written to Prakash. This letter dated 29-9-1995 at Exhibit 23 would show that everything was fine between the parties, Savita admitted that in the years 1993, 1994 and 1995 Anuradha was treated by Dr. Deshpande, Dr. Bhushan Mapari and Dr. Tamhane at the instance of accused No. 1 Prakash. Though the witness claimed to have told the police that Anuradha used to take some amount from her, she was unable to explain as to why this was not mentioned in her police statement. All these omissions were duly proved in the evidence of PW 11 Investigating Officer PS1 Bhavsar.

8. PW 4 Ratnaprabha, mother of Anuradha, stated that for the first two years of marriage, Anuradha was treated well. She also stated that Anuradha was beaten and had complained about it to her. She stated that when Prakash was admitted to Civil Hospital, she accompanied Anuradha to Hospital, where Prakash had told her and Anuradha that he would not beat Anuradha and would treat properly. Anuradha, therefore, went with Prakash from the Hospital to the matrimonial home. As against Savita's statement that Anuradha visited the parental house on 2 to 3 occasions after accompanying Prakash from the hospital till she died. Ratnaprabha states that Anuradha visited the parental house only once and at that time, she had given a sum of Rs. 2,000/- to Anuradha, because she complained of beating. Again though she claimed to have stated this fact in her police statement, she could not explain as to why it was missing and this omission was duly proved by PW 11 PSI Bhavsar. In cross-examination, Ratnaprabha had admitted that Anuradha being the only daughter, she was given a lot of attention. Anuradha was sensitive and she was thinking a lot. She admitted that Prakash had agricultural land, but did not have any other source of income. She also admitted that it was their desire that Prakash should come to Akola for work by staying at Guddhi, that is the place where Ratnaprabha stays. She also admitted that Prakash was not fesfdy to stay at Guddhi. She stated that she provided financial help, as there was no yield from the agricultural land of Prakash.

9. PW 6 Suresh is another brother of victim Anuradha. He too states in the same vein about the reports of ill-treatment by Anuradliia to them. In cross- examination, he admitted that Anuradha did not complain anything to his brother Purushottam as also to him and that he learnt of ill-treatment only from his parents. He claimed to have stated to the police that Anuradha used to come to their house and used to complain them about beating and harassment and demand money but could not explain as to why these facts were missing from his police statement.

10. Considering this evidence of Anuradha's borthers, mother and sister-in-law, it is clear that till 1998, there was no complaint whatsoever to any authority about ill-treatment. The complaint in the year 1998 was not followed up and Anuradha had returned to her matrimonial home on her own. There is no evidence whatsoever that Anuradha was ill-treated after this complaint till she died. The evidence about demand of money or payment of Rs. 2,000/- to Anuradha on her complaint of ill-treatment, appears to be an afterthought and such facts were not disclosed in the police statements. It may be seen that it is easy to make up an allegation of demand of money and ill-treatment, resulting from such demand. It need not be denied that there may be some Ill-treatment to Anuradha and that is why she put an end to her life by consuming poison, as established by the evidence of PW 5 Dr. Rahemankhan and the Chemical Analyzer's report at Exhibit 28. However, it does not follow that the ill-treatment was of such nature as to provoke Anuradha to commit suicide. Her mother Ratnaprabha's statement that Anuradha was sensitive, would give a clue as to why Anuradha committed suicide. After taking into consideration these factors, the learned Sessions Judge rightly held that abetment to commit suicide has not been established.

11. It may be seen that the offence punishable under Section 498-A of the Penal Code can be made out after it is proved that a woman was driven to commit suicide on account of ill-treatment, or when a woman is shown to have been ill-treated on account of unlawful demands of dowry. Now in this case the first part, namely that the victim driven to commit suicide on account of ill-treatment, is held as not proved by the learned Sessions Judge, who acquitted the appellant of offence punishable under Section 306 of the Penal Code. It has, therefore, to be found out whether the victim could be said to be ill-treated on account of demand of money.

12. The depositions of PW 2 Purushottam, PW3 Savita, PW 4 Ratnaprabha and PW 6 Suresh would all show that the evidence about the demands amount to improvements, which have been duly proved as omissions by PW 11 PSI Bhavsar and, therefore, does not inspire confidence of truthfulness. It seems that there was some matrimonial discord on account of insistence by the family of Anuradha that Prakash should shift to Akola, because his agricultural land was not yielding enough income. It may be also seen that Anuradha was a fond sister of three brothers, who were better off and, therefore, the allegations about demands of money or ill-treatment on account of non-fulfilment of such demands, are obviously an afterthought.

13. The learned Additional Public Prosecutor for the State submitted that the previous report about such demands proved by PW 10 Himmatrao would show that this was not an isolated incident and that the victim must have been ill-treated for such demands. The conduct of the victim in going back to her matrimonial home on her own without any persuasion or pressure from anyone would show the worth of that report. Therefore, after having acquitted the appellant of the offence punishable under Section 306 of the Penal Code the learned Sessions Judge was not justified in convicting the appellant of the offence punishable under Section 498-A of the Penal Code.

14. In view of this, appeal is allowed.

The conviction of the appellant for the offence punishable under Section 498-A of the Penal Code and sentence of rigorous imprisonment for two years and fine of rupees five hundred, are set aside. Instead the appellant is acquitted of the said offence.

Bail bonds, if any furnished by him, shall stand cancelled. Fine, if paid, be refunded to him.