When offence U/S 498A of IPC is made out against husband?
Thus, even a cursory glance to the notes written by Prachi,
few months before her death reveal the pathetic state of affair prevailing
between Prachi and the appellant. The very fact that she has urged again
and again to the appellant not to beat her, not to abuse her and get over
with his obsession for Preeti makes it clear that it was not merely a
marital discord between the parties but it was a clear case of harassment
and cruelty. Prachi was beaten, assaulted and abused in filthy language
by appellant. These notes also make it clear that the appellant was
addicted to liquor and was having an affair with Preeti, the another
woman in his life.
41. In our considered opinion if this is not cruelty as
contemplated under Section 498A of Indian Penal Code, then nothing
can come in the purview of cruelty. The trial Court has, therefore,
committed an error in discarding this evidence of physical abuses,
harassment and cruelty, merely calling it as a 'marital discord' between
the spouses and acquitting the appellant of the charge under Section
498A of IPC. The trial Court has also committed grave error in rejecting
the evidence of Prachi's parents and sister on the ground of so called
inconsistencies, which are of very minor nature. Their evidence is
consistent interese and completely stand supported and corroborated
from the hand written notes of Prachi. The finding of the trial Court of
acquitting the appellant, for offence under Section 498A of the IPC, is
therefore, required to be quashed and set aside holding the appellant
guilty for the same.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.656 OF 2005
Yogesh Dinesh Bharadwaj
V/s.
State of Maharashtra ]
CORAM : SMT. V.K. TAHILRAMANI, ACTING CJ &
DR. SHALINI PHANSALKARJOSHI, J.
JUDGMENT PRONOUNCED ON : 5th FEBRUARY, 2016
Citation:2016 ALLMR(CRI)1895 BOM
https://www.lawweb.in/2016/06/when-offence-us-498a-of-ipc-is-made-out.html
few months before her death reveal the pathetic state of affair prevailing
between Prachi and the appellant. The very fact that she has urged again
and again to the appellant not to beat her, not to abuse her and get over
with his obsession for Preeti makes it clear that it was not merely a
marital discord between the parties but it was a clear case of harassment
and cruelty. Prachi was beaten, assaulted and abused in filthy language
by appellant. These notes also make it clear that the appellant was
addicted to liquor and was having an affair with Preeti, the another
woman in his life.
41. In our considered opinion if this is not cruelty as
contemplated under Section 498A of Indian Penal Code, then nothing
can come in the purview of cruelty. The trial Court has, therefore,
committed an error in discarding this evidence of physical abuses,
harassment and cruelty, merely calling it as a 'marital discord' between
the spouses and acquitting the appellant of the charge under Section
498A of IPC. The trial Court has also committed grave error in rejecting
the evidence of Prachi's parents and sister on the ground of so called
inconsistencies, which are of very minor nature. Their evidence is
consistent interese and completely stand supported and corroborated
from the hand written notes of Prachi. The finding of the trial Court of
acquitting the appellant, for offence under Section 498A of the IPC, is
therefore, required to be quashed and set aside holding the appellant
guilty for the same.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.656 OF 2005
Yogesh Dinesh Bharadwaj
V/s.
State of Maharashtra ]
CORAM : SMT. V.K. TAHILRAMANI, ACTING CJ &
DR. SHALINI PHANSALKARJOSHI, J.
JUDGMENT PRONOUNCED ON : 5th FEBRUARY, 2016
Citation:2016 ALLMR(CRI)1895 BOM
https://www.lawweb.in/2016/06/when-offence-us-498a-of-ipc-is-made-out.html
