Court says persistent money demands, harassment, and assault drove woman to take extreme step; revisional court will not disturb concurrent findings without glaring error
The Bombay High Court has dismissed a criminal revision filed by Ashok Maruti Kanase and upheld his conviction under Sections 498A and 306 of the Indian Penal Code for cruelty and abetment of suicide. The Court found that the prosecution had proved a continuous pattern of harassment, physical assault, and unlawful monetary demands by the husband, which culminated in the death of his wife Sindhu and their two minor children.
Justice M.M. Sathaye held that the evidence of the deceased’s father, brother, cousin, and a neighbour consistently established that the accused had been demanding money for a business venture, had earlier received sums of Rs. 7,000 and Rs. 10,000 from the deceased’s family, and had repeatedly ill-treated and beaten her. The Court noted that just 12 days before the incident, Sindhu had told her father and brother that her husband was not working, was demanding money from her parents, and had warned her not to return home without it.
According to the judgment, Sindhu and her two children were later found dead in the Indrayani river on 24 March 2004. Post-mortem reports confirmed that the cause of death was asphyxia due to drowning. The prosecution argued that the continuous harassment had left the deceased with no option but to take the extreme step.
Rejecting the defence plea that the witnesses were interested relatives and that there were minor inconsistencies in their testimony, the High Court observed that their evidence was corroborated by an independent neighbour. The Court said that mere relationship with the deceased does not render testimony unreliable if it is otherwise credible and consistent. It also rejected the argument that the deceased was under other pressures such as children’s health issues, noting that those circumstances were not sufficient to explain the suicide.
On the legal question of abetment, the Court reiterated that direct exhortation is not always necessary. Where a husband creates such unbearable circumstances through persistent cruelty and harassment that a wife is driven to suicide, that conduct may amount to instigation within the meaning of Section 306 IPC.
The High Court also stressed the limited scope of revisional jurisdiction under Sections 397 and 401 of the Criminal Procedure Code. Citing Supreme Court precedent, it held that when the trial court and appellate court have recorded concurrent findings of fact, the High Court should not re-appreciate evidence unless there is perversity or serious infirmity. Finding none, the Court refused to interfere.
The revision was dismissed, the conviction and sentence were confirmed, and the applicant was directed to surrender within four weeks.
Bottom Line :
Penal Code, 1860 Sections 498A and 306 - Cruelty and abetment of suicide - Concurrent conviction upheld in revision - Persistent demand of money by husband, physical assault, mental harassment and warning to wife not to return without money, followed by suicide within 12 days, constituted sufficient evidence of cruelty and instigation - High Court held that in revision it cannot re-appreciate evidence to upset concurrent findings of fact unless glaring infirmity is shown.
Statutory provision(s): Sections 498A and 306, Indian Penal Code, 1860; Sections 397 and 401, Code of Criminal Procedure, 1973
Ashok Maruti Kanase v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2983405
