JAGATRAM Vs. STATE OF MP

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment dated 16.3.1990 passed in Sessions Trial No. 118/89 by the learned First Addl. Judge to the Court of Sessions Judge, Raigarh convicting the appellants under Sections 498-A and 306 I.P.C. and sentencing them to undergo R.I. for two years and five years respectively, have preferred this appeal. The prosecution case in brief is that on 5.4.1989 the deceased had some dispute with her husband Abhay Ram (absconding accused), being aggrieved by the conduct of the husband she poured kerosene oil on herself and burnt. The prosecution further says that because of love marriage between the deceased Shakun Bai and Abhay Ram, the appellants were aggrieved and were harassing the deceased. As the deceased could not bear the burns, in the burning condition she came out of the house and fell in front of the house of one Vishram, said Vishram covered herewith the blanket and thereafter the deceased was brought to the hospital. In the hospital, proper treatment was given to her and under the directions of the police a dying declaration (Ex.P/5-B) was recorded by P.W.4 S.K. Shriwas. In the said dying declaration, she stated that the present appellants were harassing her, however, she further stated that her husband was treating her with cruelty, therefore, she burnt herself. On completion of the investigation, the police filed the challan against the appellants and as they denied comission of the offence, they were put to trial. After recording the evidence and hearing the parties, the learned trial court convicted and sentenced the accused persons as referred to above, therefore, they have come to this Court.

(2.) MISS Singhai, learned counsel for the appellants, submits that conviction of the appellants under Section 498-A of I.P.C. is bad because Section 498-A in its logical interpretation can be applied to the husband and relations of the husband and as the present appellants are not the relations of the husband they could not be convicted. After taking me through the statements of the witnesses, it is submitted that no any evidence has been brought on record to prove that the present appellants were harassing the deceased or abetted suicide. She submits that from the statements of P.W.8 Kishanlal, son of the deceased, P.W.9 Vishram and P.W.10 Devki Bai, it would appear that the appellants were not involved in any illegality or they never harassed the deceased. Learned counsel for the State has opposed the arguments submitting that from the dying declaration, Ex.P/5-B, it would clearly appear that the appellants die harass the deceased and as a result of the said harassment she had committed suicide. He submits that the conviction of the appellants and the sentences awarded to them do not call for any interference. I have heard the parties and have gone through the records. 6. Section 498-A of I.P.C. has been introduced in the Indian Penal Code under Chapter XX-A in the year 1983. Section 498-A of I.P.C. reads as under-

(3.) A simple perusal of Section 498-A would make it clear that the Section would be applicable to the husband or the relatives of the husband of a woman. When the husband or his relatives subject such woman to cruelty, then such persons may be punished and may be awarded sentence which may extend to three years. Such person shall also be liable to pay fine. The law in its wisdom had used the specific words and such words are to be interpreted taking into consideration the intention of the legislature. Section 498-A does not say that whenever any relation of a woman is treating such a woman with cruelty, then such person shall be held liable under Section 498-A. Section 498-A with its logical interpretation would apply to the husband or the relatives of the husband and not to other persons. Undisputedly, the appellants are relations of the deceased woman (wife). Section 498-A certainly could not be applied in a case like present. On this short ground, the conviction and sentences awarded to the appellants under Section 498-A of I.P.C. are set-aside. Section 306 I.P.C. says that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.