GULSHAN Vs. STATE

JUDGEMENT

(1.) The appellants Gulshan @ Mahender Singh, Bhagwan Singh @ Chote Lal and Kanta, husband, father-in-law and mother-in-law of the deceased Aarti, by the impugned judgment dated 29th September, 2009 have been convicted under Sections 498A/34, 304B/34 and 201/34 of the Indian Penal Code, 1860 (IPC). By order of sentence dated 30th September, 2009, they have been sentenced to life imprisonment under Section 304B/34 IPC and Rigorous Imprisonment for 02 years and fine of Rs.2,000/- each for the offence under Section 201 IPC. In default of payment of fine, they have to undergo Simple Imprisonment of 06 months each. Relying upon, Smt. Shanti and Anr. Vs. State of Haryana, 1991 1 SCC 371, no separate order of sentence has been passed for conviction under Sections 498A/34 IPC.

(2.) Before we advert to the facts, it would be appropriate to reproduce Sections 498A and 304B IPC, which read as under:-

(3.) The essence of offence under Section 498A IPC is cruelty. The expression "cruelty" as defined in the explanation does not necessarily mean physical torture and is of a wider amptitude. It means such willful conduct by a person which is likely to drive a woman to commit suicide, cause grave injury or danger her life, limb or health, which includes both mental and physical health. It also, under Explanation Clause (b), includes in its ambit harassment of a woman with a view to coerce her or any third person to meet any unlawful demand of property or valuable security.