SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The deceased, who was the wife of the petitioner lost a golden necklace at her mother's house and this became the cause of this quarrel between the husband and wife. The husband had practically left her, but then his uncle fetched her for attending a marriage and then because of further quarrels between the husband and wife, the husband gave a kick in the abdomen of the deceased on account of which she died. The body was cremated in the field of co-accused without sending information to her brothers.

(2.) Learned counsel for the petitioner has contended that this is not a case of dowry death as there is no allegation about the demand of dowry. It is also contended that u/s. 498-A IPC. cruelty has to be in connection with unlawful demand and failure to meet the same and this is not the case here.

(3.) It may be stated that under Sec. 498-A IPC, punishment has been provided for cruelty by husband or his relatives. This cruelty has been further defined and under clause (a) and any wilful conduct which is likely to drive a woman to commit suicide has been included in cruelty alongwith the act of the accused which causes grave injury or danger to life, limb or health. It is only under clause (b) that cruelty has been connected with unlawful demands. Clause (a) will cover cruelty which is not connected with the demand of dowry and the petitioner's act can fall under clause (a) of this Section.