Taunting Wife Over Dark Complexion, Inability To Cook Is Not 'High Degree Harassment' To Constitute Abetment Or Cruelty: Bombay HC

Taunting a woman about her complexion and inability to prepare food properly are 'domestic quarrels' and the same cannot be a ground to invoke sections 498-A (harassment) and 306 (abetment to suicide) if the woman dies by suicide, the Bombay High Court held recently, while acquitting a man of a 27-year-old case. 

Single-judge Justice Shriram Modak said the allegations that the appellant husband taunted the deceased wife on her dark complexion and her father-in-law taunted her about the food quality, etc., though harassment but cannot be said to be of a higher degree.

The judge noted from the record that the deceased Prema killed herself by jumping into a well in January 1998, which was five years into her marriage with the appellant Sadashiv Rupnawar. He noted that the prosecution relied on the testimonies of Prema's relatives, to whom she disclosed that her husband often taunted her about her dark complexion and that he would often threaten to perform a second marriage.

The husband was convicted under sections 498-A and 306 and was sentenced to one year and five years, respectively by a sessions court in Satara district by an order passed on July 31, 1998.

As regards Sadashiv's father, the judge noted that the allegation was that he often taunted Prema for not cooking proper food. The father-in-law was however, acquitted. 

"The deceased informed her relatives about the harassment by her husband and father-in-law. The reasons were she was dark complexion and not preparing food properly. If we consider all these reasons, they can be said to be quarrels arising out of matrimonial life. They are domestic quarrels. It cannot be said to be of such a high degree so as to compel Prema to commit suicide. So, an offence under Section 498-A of the Indian Penal Code is not made out," the judge held in the order passed on July 11. 

Justice Modak further said that the trial Court was fully aware of the Explanation (a) to Section 498-A, which reads that 'the wilful conduct must be of a high degree.'

"However, when the evidence of the three witnesses are considered by the trial Court, there is no finding that the harassment is of high degree. There cannot be such a finding simply for the reason that even if the reasons for harassment are admitted, no case will fall under Section 498-A of the Indian Penal Code. The findings need to be set aside," the judge opined. 

The bench further held that the trial court rightly rejected the defence of the accused that the deceased fell accidentally into the well, as there was no presence of any material at the spot to suggest that she accidentally fell down.

"There is other reason to believe that it was suicide, but the prosecution could not prove the connection in between the harassment and the act of suicide. There was harassment, but it was not of that kind of harassment due to which criminal law can be set in motion. The judgment of the trial Court cannot be sustained in the eyes of law. The trial Judge has forgotten the basic principles and ingredients of the Sections," Justice Modak said while quashing and setting aside the July 31, 1998 judgment of a sessions court in Satara district.

Appearance:

Advocate Nasreen SK Ayubi was appointed for the Appellant.

Additional Public Prosecutor RS Tendulkar represented the State. 

Case Title: Sadashiv Parbati Rupnawar vs State of Maharashtra (Criminal Appeal 649 of 1998)

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