illtreatment to wife on account of mistake committed by her in domestic work does not amount offence u/sSection 306 or 498-A of the I.P.C.
According to the Ld.APP to Dying Declaration was clearly indicative of the fact that the deceased was subjected to repeated torture and tormentation by the accused and the deceased has, therefore, disclosed that she wanted to commit suicide because of that cruelty meted out to her. Once again, it is not possible to accept this submission because the nature of allegation about ill-treatment as has come in the statement is too routine, which can be very commonly observed in the families such as the accused and the deceased, who were small time agriculturists and living in a hashed but in remote village. Those instances of ill-treatment were obviously on account of the mistakes committed by the deceased in her domestic activities and agricultural work. If, the deceased was ill-treated for such lapses, it cannot be inferred that the ill-treatment was of such a nature that it would likely to drive the wife to commit suicide so as to attract the rigours of Section 306 or 498-A of the I.P.C.
Bombay High Court
The State Of Maharashtra vs Tanaji Shamrao Shalke on 17 January, 2003
Equivalent citations: 2003 (2) ALD Cri 66, 2003 BomCR Cri
