Tarun @ Gautam Mukherjee Vs. State of West Bengal
EmailAppeal: Criminal Appeal No. 526 of 1994
Petitioner: Tarun @ Gautam Mukherjee
Respondent: State of West Bengal
Apeal: Criminal Appeal No. 526 of 1994
Judges: G.B. PATTANAIK & DORAISWAMY RAJU, JJ.
Date of Judgment: Apr 05, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 306 and 498-A – Abetment of suicide – Cruelty to wife – Death due to burn injuries – Allegation that the cruelty by husband drove the wife to commit suicide – Conviction of husband by trial court on both counts – High Court upholding conviction under Section 498-A only and not for offence under Section 306 – Correctness. Held maid servant who averred in the statement to police that the husband used to assault the wife almost daily having denied such statement in the cross-examination, the evi-dence of the maid was not trustworthy. If the evidence was dis-carded, the evidence of the other two witnesses not being enough to hold the husband guilty of the offence charged with, convic-tion held unsustainable. High Court, therefore, not justified in upholding the conviction under Section 498-A.
(Para 3)
JUDGEMENT:
ORDER
1. The Appellant was charged and tried for having committed the offences under Sections 306 and 498-A, IPC on the allegation that the harassment and cruelty meted out to his wife forced her to commit suicide. On the basis of the evidence on record, the learned Sessions Judge convicted the Appellant under Sections 306 and 498-A IPC. His sister who was also tried for both the offenc-es was, however, acquitted. The Appellant carried the matter to the High Court in appeal. The High Court, on scrutiny of the evidence, came to hold that the offence under Section 306 IPC has not been established by the prosecution, but, on the mate-rials on record, came to the conclusion that the offence under Section 498-A IPC was established and, therefore, the conviction of Appellant under Section 498-A IPC was upheld and reduced the sentence to rigorous imprisonment for two years and a fine of Rs. 2,000/-. It is this conviction and sentenced passed by the High Court which is the subject-matter of challenge in this appeal. The learned Counsel for the Appellant contended before us that the deceased, no doubt, died of burn injury, but the burning itself took place because of bursting of stove , as is deposed to by PW-7 , the Medical Officer attached to the hospital where the deceased had been taken first. Doctor (PW-7) in his evidence stated that the patient herself reported about the history of injury of setting fire from the bursting of stove at about 9.30p.m. on 25.7.89. The learned Counsel for the Appellant further contended, if the burning was on account of bursting of stove , question of any cruelty or harassment meted out to the wife by the husband which resulted in receiving the burn injury would not arise.
2. Mr. Das, appearing for the State, however, contended that the evidence of PWs. 2, 4 and 5 would indicate the nature of har-assment which the husband was giving to the wife and that would ipso facto bring home the charge under Section 498-A and, therefore, the High Court was justified in convicting the Appellant under Section 498-A IPC.
3. To appreciate this contention, we have ourselves scrutinised the evidence of PWs. 2, 4 and 5. The maid servant (PW-4), who deposed in her evidence in chief about the fact that the accused used to assault the deceased almost daily on the instigation of his sister, but in the cross-examination, it has been elicited that she has not stated so in her statement to the police record-ed under Section 161 Cr.P.C.. Such material omission would dis-credit her version in court . If her evidence is taken out from the purview of consideration, then the evidence of PWs. 2 and 5 cannot be held to be of such nature which would establish the cruelty on the part of the husband to bring home the offence under Section 498-A IPC. In our view, therefore, the High Court was in error in upholding the conviction under Section 498-A IPC.
4. We, therefore, set aside the conviction of the Appellant under Section 498-A and acquit him of the said charge. The appeal is allowed accordingly. The bail bonds of the Appellant stands discharged.
1. The Appellant was charged and tried for having committed the offences under Sections 306 and 498-A, IPC on the allegation that the harassment and cruelty meted out to his wife forced her to commit suicide. On the basis of the evidence on record, the learned Sessions Judge convicted the Appellant under Sections 306 and 498-A IPC. His sister who was also tried for both the offenc-es was, however, acquitted. The Appellant carried the matter to the High Court in appeal. The High Court, on scrutiny of the evidence, came to hold that the offence under Section 306 IPC has not been established by the prosecution, but, on the mate-rials on record, came to the conclusion that the offence under Section 498-A IPC was established and, therefore, the conviction of Appellant under Section 498-A IPC was upheld and reduced the sentence to rigorous imprisonment for two years and a fine of Rs. 2,000/-. It is this conviction and sentenced passed by the High Court which is the subject-matter of challenge in this appeal. The learned Counsel for the Appellant contended before us that the deceased, no doubt, died of burn injury, but the burning itself took place because of bursting of stove , as is deposed to by PW-7 , the Medical Officer attached to the hospital where the deceased had been taken first. Doctor (PW-7) in his evidence stated that the patient herself reported about the history of injury of setting fire from the bursting of stove at about 9.30p.m. on 25.7.89. The learned Counsel for the Appellant further contended, if the burning was on account of bursting of stove , question of any cruelty or harassment meted out to the wife by the husband which resulted in receiving the burn injury would not arise.
2. Mr. Das, appearing for the State, however, contended that the evidence of PWs. 2, 4 and 5 would indicate the nature of har-assment which the husband was giving to the wife and that would ipso facto bring home the charge under Section 498-A and, therefore, the High Court was justified in convicting the Appellant under Section 498-A IPC.
3. To appreciate this contention, we have ourselves scrutinised the evidence of PWs. 2, 4 and 5. The maid servant (PW-4), who deposed in her evidence in chief about the fact that the accused used to assault the deceased almost daily on the instigation of his sister, but in the cross-examination, it has been elicited that she has not stated so in her statement to the police record-ed under Section 161 Cr.P.C.. Such material omission would dis-credit her version in court . If her evidence is taken out from the purview of consideration, then the evidence of PWs. 2 and 5 cannot be held to be of such nature which would establish the cruelty on the part of the husband to bring home the offence under Section 498-A IPC. In our view, therefore, the High Court was in error in upholding the conviction under Section 498-A IPC.
4. We, therefore, set aside the conviction of the Appellant under Section 498-A and acquit him of the said charge. The appeal is allowed accordingly. The bail bonds of the Appellant stands discharged.
