Sunil Sukhdeo Ingle vs State Of Maharashtra
2007 Latest Caselaw 592 Bom

JUDGMENT

C.L. Pangarkar, J.

1. The accused/appellant was convicted under Sections 306, 498-A of Indian Penal Code and was sentenced to imprisonment for 3 years for offence under Section 498-A and 5 years for offence under Section 306 Indian Penal Code. Both the sentences were directed to run concurrently.

2. A few facts may be narrated thus:

Deceased Mayawati was married to the accused just 3 months prior to the incident. She was married to the accused in a Mass Marriage. It is alleged that Mayawati was treated nicely for a period of 1 1/2 months by the accused/appellant. Thereafter he started making demand of gold ring, chain and cash. He used to ill-treat Mayawati for not fulfilling his demand. It is alleged that friends of the accused used to come to his house to play cards and the accused desired that Mayawati should have sexual relations with his friends. This was disliked by Mayawati. She complained all this to her parents. Her parents then persuaded the accused not to insists on Mayawati to have sexual relations with other persons. The accused agreed. However, subsequently the accused did not act according to the assurance given by him and still insisted on her to have sexual relations with his friends. As result of this Mayawati consumed poison and died. Subsequently, her father lodged a report with the police. Police registered the offences under Sections 304-B, 306 and 498-A Indian Penal Code. Investigation was carried out and a charge sheet came to be filed against the accused.

3. Judicial Magistrate, First Class committed the case to the Court of Session. The Court of Session framed charge against the accused under Sections 304-B, 306, and 498-A. After recording the evidence the Sessions Judge found the accused guilty of offences under Sections 306, 498-A and sentenced him as stated earlier. He however, acquitted the accused of offence under Section 304-B. Being aggrieved by the sentence the accused has preferred this appeal.

4. I have heard the learned Counsel for the State and have perused the record.

5. The first thing that is required to be determined out is whether the death of deceased was suicidal. It is the case of the prosecution that deceased had consumed Rogor, an organophosphorous, kind of poison. P.W. 2 Dr. Anil Naik has stated that he carried out postmortem examination on the dead body of deceased and had sent viscera to the Chemical Analyser. He states that on going through the report of the Chemical Analyser, he confirmed the cause of death as due to consumption of poison. There is no cross examination to the witness at all. C. A. Report Ex. 21 confirmed that deceased had consumed Rogor. In F. I. R. Ex. 9 it is alleged that deceased had voluntarily consumed the poison and it is so stated by her father P.W. 1 Siddhartha. Since the deceased had voluntarily consumed poison it must be said that she committed suicide.

6. Now the next question is whether the accused abeted the commission of suicide. It is the evidence of P.W. 1 Siddhartha, the father of the deceased that his daughter was, initially treated well for a period of 1 1/2 months and later she was forced to bring money. It is also in his evidence that the deceased had complained to him that accused was forcing her to have sexual relations with his friends. This statement of P.W, 1 Siddhartha is corroborated by the contents of F.I.R. Ex. 9. Although there is an omission with regard to this in his statement under Section 161 that is of no consequence as in the F.I.R. Ex. 9 this fact is disclosed. Further more the mother of the deceased namely Indubai. P.W. 3 also corroborates this fact. Accused was given an opportunity to explain this fact by putting a question to him under Section 313 being question No. 8. He admits in answer to this question that he used to ask his wife to have sexual relations with his friends. With this admission it stands concluded that accused was insisting on her to have sexual relations with his friends. This was most reprehensible. This could be the highest kind of cruelty perpetrated on a wife. He was virtually turning her into a prostitute and no woman can tolerate such an act. By such expectation and insistence he had left no alternative to the deceased but to end her life. There is, therefore, overwhelming evidence of abetement of commission of suicide. This act of the accused also amounted to cruelty and harassment It was not only a mental cruelty of highest kind but could also be a physical cruelty inasmuch as she was forced to submit herself to third person. The learned Sessions Judge, therefore, rightly held the accused guilty. The conviction and sentence, therefore, calls for no interference. The appeal is dismissed.