STATE OF MAHARASHTRA Vs. DHARMA BALU GHAG

JUDGEMENT

(1.) STATE has filed this appeal against the judgment and order passed by the IVth Assistant Sessions Judge, Raigad in Sessions Case No.62 of 1991. By the said judgment and order dated 21/3/1992, the Trial Court was pleased to acquit the accused of the offence punishable under section 306 and 498-A of the Indian Penal Code.

(2.) PROSECUTION case is that the deceased was the wife of the accused. It is alleged that the accused used to assault deceased Gauri and, therefore, the deceased had complained to her mother Shantabai about ill-treatment by the accused. Thereafter, meeting was arranged between the accused and the complainant and, in the said meeting, accused promised not to beat the deceased in future. On 20/11/1990, she was informed that her daughter had committed suicide. A complaint was lodged on 21/11/1990 and an offence was registered against the accused under section 306, 498-A of the Indian Penal Code.

(3.) IT is a settled position in law that every type of cruelty or harassment would not attract the provisions of section 498-A. In order to prove the case against the accused, the prosecution has to establish that the cruelty was such that the deceased had committed suicide because of the said harassment. In the present case, there is no evidence on record to indicate that the deceased had committed suicide as a result of the cruelty by her husband. Appeal, therefore, is dismissed.