STATE OF MAHARASHTRA Vs. PHILIP ANDREW DSOUZA

JUDGEMENT

(1.) HEARD both the learned Counsel; Shri Galeria, Asstt. Public Prosecutor appearing for the appellant State and Shri Desai for the respondents original accused Nos. 1 to 4.

(2.) THIS is a Revision Application filed by the State of Maharashtra challenging the order dated 8th of August 1991 passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay, discharging all the four respondents-accused in circumstances which, appear to us, to be rather unusual.

(3.) THE 4th accused Cyril DSouza is the husband of the deceased Anni Cyril DSouza. The first accused Philip is the brother of the 4th accused Cyril, the 2nd accused Philomina is the sister of the 4th accused Cyril and the 3rd accused John is the husband of accused No. 2 Philomina. In respect of the incident which occurred on 10th June 1990, the First Information Report was lodged with the Malvani Police Station, Malad Sub-Division, Bombay under C. R. 163/90 on the basis of the dying declaration of the deceased Anni. It appears that there was a dispute between the deceased and her husband Cyril on the one hand and the other members of the family of Cyril viz. respondent Nos. 1 to 3. The dispute related to the property of Cyril and his family members. Pursuant to the said First Information Report, the police submitted a charge-sheet in the Court of the Metropolitan Magistrate, 24th Court, Borivli, wherein offences punishable under sections 498-A, 114 and 306 of the Indian Penal Code were disclosed. The charge-sheet was submitted on the 21st June 1990 and Criminal Case No. 706/p/91 was registered by the learned Magistrate for the offences punishable under sections 498-A, 114 and 306 I. P. C. Section 498-A of the Indian Penal Code deals with the offence of cruelty by husband or relatives of the husband where the punishment can be for a term which may extend to three years and also fine. The word "cruelty" appearing in section 498-A has been defined in the Explanation to the said section to mean 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. "cruelty" also means 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. It is true that this offence is triable by a Magistrate of the First Class. Section 114 of the Indian Penal Code deals with abetment by a person, who is present when the act or offence is committed. In such a case, the abettor shall be deemed to have committed the offence and the punishment is the same as the offence committed. Section 306 of the Indian Penal Code deals with the offence of abetment of suicide and 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 as per section 306 I. P. C. There is no dispute before us that the offence punishable under section 306 I. P. C. is exclusively triable by the Court of Sessions.