BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is faced with conviction and sentence under Section 498-A of the Indian Penal Code. Though he had been charged with offence punishable under Section 304-B of the Penal Code, he was acquitted on that count.

(2.) The incident in this case happened on 15-7-1991. The wife of the appellant/ accused poured kerosene upon herself at about 3 p.m. and set fire by herself in order to commit suicide. She was taken to the hospital. She died on 17-7-1991. Hence the police laid a charge against the appellant. The Court below found that there was no evidence to convict the appellant/accused under Section 304B, IPC. But, the Court below found reliable evidence in P.Ws. 2, 3 and 5 and also in Ext. P2, to convict the appellant under Section 498-A of the Code. Accordingly, he was sentenced to undergo rigorous imprisonment for one year. This judgment is Impugned in this appeal.

(3.) Merely because there was harassment or even infliction of Injury by the husband on his wife. It will not come under Section 498-A, IPC. It will come only under the offences relating to human body. There shall be wilful conduct on the part of the accused in causing such injury to drive the woman to commit suicide. There is no evidence in this case that she committed suicide by pouring kerosene by herself because of any wilful conduct of the appellant. So the convicti on under Section 498-A IPC is not sustainable. In this regard, the decision reported in State of Maharashtra v. Ashok Chotelal Shukla, AIR 1997 SC 3111 : (1997 Cri LJ 3761) is relied on.