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Offence underneath Section 306, I.P.C. not determined to crook in 498A IPC


Appeal: Criminal Appeal No. 526 of 1994
Petitioner: Tarun @ Gautam Mukherjee
Respondent: State of West Bengal
Date of Judgment: Apr 05, 2000



1. The appellant was charged and attempted for carrying committed a offences underneath Sections 306 and 498-A, I.P.C. on a claim that a nuisance and cruelty meted out to his mother forced her to dedicate suicide. On a basement of a justification on record, a schooled Sessions Judge convicted a Appellant underneath Sections 306 and 498-A, I.P.C. His sister who was also attempted for both a offences was however, acquitted. The appellant carried a matter to a High Court in interest The High court, on inspection of a evidence, came to reason that a corruption underneath Section 306, I.P.C. has not been determined by a prosecution, but, on a element on record, came to a end that a corruption underneath Section 498-A, I.P.C. was determined and, therefore, a self-assurance of appellant underneath Section 498-A, I.P.C. was inspected and reduced a judgment to severe seizure for dual years and a excellent of Rs. 2,000/-. It is this self-assurance and judgment upheld by a High Court that is a subject-matter of plea in this appeal. The schooled Counsel for a appellant contended before us that a deceased, no doubt, died of bake injury, though a blazing itself took place since of ripping of stove, as is deposed to by P.W. 7, a Medical Officer trustworthy to a sanatorium where a defunct had been taken first. Doctor (RW. 7) in his justification settled that a studious herself reported about a story of damage of environment glow from a ripping of stove during about 9.30 p.m. on 25.7.1989. The schooled Counsel for a appellant serve contended, if a blazing was on comment of ripping of stove, doubt of any cruelty or nuisance meted out to a mother by a father that resulted in receiving a bake damage would notarise.

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2. Mr. Das, appearing for a State, however, contended that a justification of P.Ws. 2, 4 and 5 would prove a inlet of nuisance that a father was giving to a mother and that would ipso facto move home a assign underneath Section 498- A and, therefore, a High Court was fit in convicting a appellant underneath Section 498-A, I.P.C.

3. To conclude this contention, we have ourselves scrutinised a justification of P.Ws. 2, 4 and 5. The lassie menial (P.W. 4), who deposed in her evidence-in-chief about a fact that a indicted used to attack a defunct roughly daily on a urging of his sister, though in a cross-examination, it has been elicited that she has not settled so in her matter to a military record underneath Section 161, Cr.RC. Such element repudiation would disprove her chronicle in Court. If her justification is taken out from a reach of consideration, afterwards a justification of P.Ws. 2 and 5 can't be hold to be of such inlet that would settle a cruelty on a partial of a father to move home a corruption underneath Section 498-A, I.P.C. In a view, therefore, a High Court was in blunder in support a self-assurance underneath Section 498-A, I.P.C.

4. We, therefore, set aside a self-assurance of a appellant underneath Section 498- A and justify him of a pronounced charge. The interest is authorised accordingly. The bail holds of a appellant mount discharged.

Appeal allowed.

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