SAROJAKSHAN SHANKARAN NAYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants herein have been convicted by the Additional Sessions Judge, Pune, for offence under section 498-A of the Indian Penal Code. Appellant No. 1 has been awarded R. I. for a period of six months and to pay fine of Rs. 1,000/- and in default, to suffer further imprisonment of 15 days. Appellants Nos. 2 and 3, who are father and mother respectively of Appellant No. 1, have been sentenced to suffer S. I. till rising of the Court and pay a fine of Rs. 500/- and in default suffer 10 days R. I. The appellants were acquitted of the charge under section 302 I. P. C. against which the State has preferred an appeal.

(2.) DECEASED Rajeshwari was married to the 1st appellant on 24-8-1977 at Madras and after marriage she was living with her husband and in-laws at Vadgaon-sheri, Pune. She died of extensive burns injuries between 9. 30 and 10. 00 p. m. on 4-7-1987 at her residence. The appellants were tried for offence under section 302 r/w. 498-A of the I. P. C. , but the learned Addl. Sessions Judge giving benefit of doubt acquitted the appellants from the charge under section 302 I. P. C. for having committed the murder of deceased Rajeshwari. The appellants were however convicted and sentenced under section 498-A of the I. P. C. as stated above.

(3.) SECTION 498-A of the I. P. C. extends protection to the woman from the whims and caprices of man. This section was incorporated in the statute to fill in the lacuna in the existing law, so that if the wife commits suicide, the guilty does not escape. Cruelty as defined in section 498-A means "any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health whether mental or physical of the woman, or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. " The expression cruelty takes within its sweep both mental and physical agony and torture. The concept of cruelty varies from place to place and individual to individual and according to the social and economic status of the person involved. The question whether the act complained of was an act of cruelty has to be determined from the whole fact and relationship between the parties. The cultural and temperamental state of life among them are factors from where the cruelty has to be inferred and will depend on the facts on each case. The expression cruelty postulates such a treatment as to cause reasonable apprehension in the mind of the wife that her living with the husband will be harmful and injurious to her life. Therefore, to decide the question of cruelty the relevant factors are the matrimonial relationship between the husband and wife, their cultural and temperament status in life, state of health, their interaction in their daily life which dominate the aspect of cruelty.