Sahebrao And Anr vs State Of Maharashtra

The accused appellants Sahebrao (A-1) and Bhausaheb (A-2) were tried along with their mother Shanti Bai (A-3) for committing offences under Sections 304-B and 498-A of the Indian Penal Code (IPC). The judgment dated 06-06-1992 by the Additional Sessions Judge, Aurangabad found A-1 and A-2 guilty under Sections 306 and 498-A, IPC and sentenced them to undergo rigorous imprisonment for three years and fine of Rs. 500/- each, in default, rigorous imprisonment for three months under Section 306 IPC. No separate sentence was passed under Section 498-A, IPC. A-3 was acquitted. Being aggrieved by the judgment of the trial Court, the accused appellants filed an appeal before Aurangabad Bench of the Bombay High Court. The High Court by its order dated 31-01- 2005 dismissed the appeal and confirmed the sentence passed by the trial Court. That is how the appellants are before us in this appeal. The relevant facts deduced from the evidence are that the marriage of accused-appellant A-2, resident of Village Babulkheda, and deceasedSangita, daughter of the complainant-Ramrao Laxman Darekar (PW-1), took place on 13-05-1990 at Village Pathri. The distance between Village Pathri and Babulkheda was 15 Kms. Just after the marriage, A-2 insisted for a tape recorder. PW-1 persuaded that the tape recorder would be given to him in due course of time. Three days after the marriage, the elder son of PW-1, Sudam (PW-3) along with his maternal uncle, Karbhari Vithal Jadavh (PW-4) went to village Babulkheda to take the deceased back to Village Pathri. On return, PW-3 told his father PW-1 that elder brother of A-2, accusedappellant Sahebrao (A-1) was demanding additional dowry amount of Rs. 10,000/- as the dowry paid at the time of marriage was not as per their status and A-2 was insisting for a tape recorder. The deceased stayed with her father for 5-6 days and thereafter, Ambadas-brother of A-2, took her to Village Babulkheda. Ambadas on return told PW-1 that A-1 was demanding Rs.10,000/- and A-2 was insisting for a tape recorder. About 2-3 days later, PW-1 went to his daughter's matrimonial home. She told him that A-1 and A-2 were troubling her for an amount of Rs. 10,000/- and a tape recorder. PW-1 though expressed his inability to pay the amount, sent PW-3 to Aurangabad for purchasing the tape recorder. After 5-6 days, PW-3 and PW-4 went to the matrimonial home of Sangita, gave the tape recorder to the accused persons and took her to her parent's place at Village Pathari. After a week, Mansub- younger brother of A-2, came to the house of PW-1 to take her back to Village Babulkheda and informed him that A-1 had demanded an amount of Rs. 10,000/- and the deceased would not accompany him unless the amount is given. He also informed PW-1 that A-1 would get angry if the amount was not paid. PW-1 somehow managed to send the deceased to her matrimonial home along with Mansub. In the month of 'Jaistha', when PW-1 went to see his daughter, accused persons started questioning him as to why he had not paid the amount and asked him to take his daughter back. The deceased was taken back by PW-1 and she stayed at her maiden home for a month. Mansub, once again, came to take her back to the matrimonial home. This time also, Mansub, demanded the additional dowry of Rs. 10,000/-. In September 1990 the deceased came back to her father's place and on reaching there she started weeping loudly and told PW-1 and her mother that she was beaten by the accused persons and pointed out the marks of beating on her back and requested PW-1 not to send her back to Village Babulkheda. However, in the hope that situation would improve, PW-1 left his reluctant daughter to the matrimonial home on 06-09-1990. That time also A-2 told him that since the amount was not given PW-1 should take back his daughter. While returning back to his village on 07-09-1990, the deceased daughter met him on the way and told him that it would be very difficult for her to stay and also that he might not see her again.

On 08-09-1990, the cousin brother of A-2 informed PW-1 that his daughter was ill. PW-1 along with others, went to the house of the accused persons at about 1.00 P.M. There he saw his daughter dead and no one from the family of her in-laws was present in the house. On receipt of the information of the incident, the police registered a case of accidental death. The police made inquiry from PW-1 but he told them that his mental condition is not good and that he would lodge the complaint afterwards. PW-1 lodged the complaint against the accused-appellants on 09-09-1990 at 7.30 P.M., giving the detailed narration of facts .

The complainant (PW-1) has deposed that soon after the performance of marriage, A-2 demanded a tape recorder. This statement is corroborated by PW-3 and PW-4. PW-3 has deposed that when PW-4 along with him went to Village Babulkheda 2-3 days after marriage of his sister, A-1 demanded an additional amount of Rs.10,000/- and A-2 demanded a tape-recorder. This found support from the statements of PW-1 and PW-4 without any variation. Further PW-1 in his evidence has specifically said that deceased had told him that the accused persons on account of the non- fulfillment of their demands, troubled her. There is evidence on record of PW-1 that when his daughter came back to his place she started weeping and told the complainant about the harassment inflicted upon her on account of non-payment of Rs.10,000/-. This found support in the statements of PW-3 and PW-4. The evidence shows that even the demand was made through the younger brother Mansub when he went to the place of the complainant. PW-1 has further mentioned that in the end of jaishth month, he went to village Babulkheda to see his daughter and was insulted by the accused persons for not fulfilling their demand and they asked him to take her back to village Pathri. It is said by PW-1 that just 8 days before the incident when the deceased last visited her maiden home she told him that she was beaten and also showed marks of beating on her body. She was weeping and requested him not to send her back to village Babulkheda without satisfying the demand of the accused persons. The evidence clearly establishes that the accused persons were consistent in their demand regarding additional amount of Rs.10,000/- even after their initial demand of tape recorder was fulfilled. The evidence clearly establishes that the deceased was harassed at her matrimonial home and her staying there had become miserable. The deceased on several occasions, within a short span of four months of her marriage, informed her father that she was being troubled by her husband and his elder brother. They also insulted and taunted her father in her presence and asked PW-1 to take her back to his home for his inability to fulfill their unlawful demand. The reluctance shown by the deceased to go to her matrimonial home within a short period of her marriage is indicative of the fact of the treatment given to her. At her matrimonial home, she was harassed and constantly nagged for non-payment of additional amount by her father. The facts clearly establish that husband and his elder brother subjected the deceased to cruelty and their conviction under Section 498-A, IPC is based on cogent reliable evidence. The appellants were also convicted under Section 306 IPC with the aid of the presumption as to the abetment of suicide by a married woman under Section 113-A of the Indian Evidence Act, 1872. It is proved by the prosecution that Sangita committed suicide within a period of seven years from the date of her marriage and that her husband and his elder brother subjected her to cruelty. On the basis of the evidence, it can be said that the cruel treatment meted out to the deceased was of such a nature that it has driven the lady to commit suicide.

Neither any evidence was led by the defence nor from the evidence placed on record by the prosecution, we can draw a plausible, reasonable and trustworthy explanation to rebut the presumption under Section 113-A of the Evidence Act. The prosecution has sufficiently proved by cogent evidence that the accused-appellants by series of acts and conduct created such a difficult and hostile environment for the deceased that she was compelled to commit suicide. In the light of the discussion in regard to the cruelty committed by the accused persons to the deceased under Section 498-A, IPC, there is a direct and reasonable nexus with the commission of suicide by the deceased with the act of cruelty to which the deceased was subjected to by the accused-appellants. For the aforesaid reasons, we are of the view that the High Court has rightly upheld the conviction of the accused-appellants under Section 306 and Section 498-A, IPC and we do not find any good or sufficient reason to take a different view of the matter. The appeal is, therefore, dismissed.