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The State Of Maharashtra vs Subhash Yeshwant Kale & Anr on 26 October, 2018

Rane 1/5 Appeal-623-2003
26.10.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

APPEAL NO. 623 OF 2003

The State of Maharashtra ….Appellant/
(Orig. Complainant)
V/s.

1. Subhash Yeshwant Kale
Age : 27 years,
R/o. Parvati Nivas,
2/11, Tekdi Bangla,
Naupada, Thane.

2. Sau. Shakuntala Yeshwant Kale,
Age : 63 years, R/o. Parvati Nivas,
2/11, Tekdi Bangla, Naupada,
Thane. ….Respondents
(Orig.Accd nos.12)

****

Mr. Pandurang H. Gaikwad-Patil, APP for the appellant.

Mr. Rohan Surve, Advocate for respondents no.1 and 2.

CORAM : SANDEEP K. SHINDE, J .

26TH OCTOBER, 2018.

JUDGMENT :

1. The accused were prosecuted for allegedly

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Rane 2/5 Appeal-623-2003
26.10.2018

subjecting Supriya to cruelty in furtherance of their

common intention and abating her to commit suicide

The Learned Additional District and Sessions Judge,

Thane vide judgment and order dated 24 th January,

2002 acquitted the accused of the offences punishable

under Section 498A and 306 of the Indian Penal Code

(IPC) against which this Appeal is preferred by the

State under Section 378(1) Criminal Procedure Code

(Cr.P.C.).

2. Heard learned APP for the State and learned

Counsel for the respondent-accused.

3. Supriya suffered suicidal death within three

months of her marriage i.e. on 28 th March, 2000 due to

deep burn injuries. Her brother thereupon lodged a

complaint and alleged that Supriya was subjected to

recurring harassment at the hands of the accused for

not paying them Rs.40,000/-. He alleged that, the

harassment was with a definite object to meet unlawful

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Rane 3/5 Appeal-623-2003
26.10.2018

demand of Rs.40,000/- and as such recurring

harassment drove Supriya to commit suicide. On this

expression, the offence under Section 498A and 306

was registered.

4. The prosecution in support of its case has

examined brother, mother and two sisters. Neighbour

(P.W.3) of the deceased was also examined. The

Learned trial Judge found the evidence of the relatives

has not established a fact that, Supriya was subjected

to harassment with definite object to force her to meet

unlawful demand of Rs.40,000/-. With the assistance of

the Assistant Public Prosecutor and the learned Counsel

for the respondents, I have gone through the evidence.

It neither establishes the fact of “unlawful demand”, nor

consequent harassment at the hands of the respondent-

accused for not meeting such demand. The evidence of

these witnesses is more or less cyclostyle in nature

and as such I do not see any reason to interfere with the

finding recorded by the Learned trial Judge.

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Rane 4/5 Appeal-623-2003
26.10.2018

5. It is settled law that, under sub-clause (b) to

Section 498A, each and every harassment does not

amount to cruelty. The harassment has to be with an

object to coerce a woman or any person related to her to

meet any unlawful demand.

6. In the case in hand, the evidence has not

proved at the first place that, there was any “unlawful

demand” and further has not proved that Supriya was

subjected to harassment and/or forced to meet the

demand of Rs.40,000/-.

7. Admittedly Supriya suffered suicidal death.

However, to prove the charge under Section 306 IPC, it

is to be established that suicide had occasioned on

account of cruelty which was of sufficient gravity so as

to lead a reasonable person placed in similar

circumstances to commit suicide.

8. Here, the defence successfully brought on

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Rane 5/5 Appeal-623-2003
26.10.2018

record, a ‘Note’ of the deceased through prosecution

witness-P.W.3. The Note is at Article-A wherefrom it

appears, Supriya was feeling herself guilty of

suppressing some material facts from her husband-

accused no.1. It probabilises defence.

9. Be that as it may, even if the said Note

(Article-A) is excluded from consideration, the evidence

on record is falling short of requirements to prove the

ingredients of the offence punishable under Section

498A and 306 of the Indian Penal Code.

10. The reasons recorded by the trial Court is

based on the evidence and the view taken by the

Learned Judge is a possible view. Thus, I do not see any

reason to interfere with the order of acquittal. In the

result, the Appeal deserves no consideration. It is

dismissed accordingly.

(SANDEEP K. SHINDE, J)

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