PINAKIN MAHIPATRAY RAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We are in this case concerned with the question as to whether the relationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPC and also amounted to abetment leading to the act of suicide within the meaning of Section 306 IPC.

(2.) A-1, the first accused, along with A-2 and A-3, were charge-sheeted for the offences punishable under Sections 498A, 304-B and 306 IPC. The Sessions Court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC. On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years' RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently. Aggrieved by the judgment of the High Court, this appeal has been preferred by A-1.

(3.) Shri Sanjay Visen, learned counsel appearing for the Appellant, submitted that the allegations raised against the accused in respect of the alleged extra-marital relationship with second accused would not constitute an offence under Section 498A IPC. Learned counsel also submitted that the suicidal death of the deceased was not a direct result of the alleged extra- marital relationship and would not constitute an offence punishable under Section 306 IPC. Learned counsel also submitted that even assuming that the Appellant was maintaining extra-marital relationship with the second accused, there is no mens rea proved to show that such relationship was maintained by the accused with an intention to drive the deceased to commit suicide. Placing reliance upon the suicide note Ex.44, learned counsel submitted that the deceased did not allege any cruelty or harassment on the part of the accused which led the deceased to commit suicide. Learned counsel submitted that in any view, the conduct of the accused or the alleged relationship he had with A-2 was not of such a degree that would incite/provoke or push the deceased to a depressed situation to end her life.