Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State of Gujarat
Indian Penal Code,1860 - Section 498-A , Section 306
Abetment of suicide - Cruelty - Extra marital relationship by husband - Held that the first limb of Section 498A, which refers to cruelty, there is no demand of dowry -The deceased was pained and disturbed as the husband was having an illicit affair with the appellant no.4 - The husband and the wife had started living separately in the same house and the deceased had told her sister that there was severance of status and she would be going to her parental home after the 'Holi' festival -There is some evidence about the illicit relationship and even if the same is proven, cruelty, as envisaged under the first limb of Section 498A IPC would not get attracted - It would be difficult to hold that the mental cruelty was of such a degree that it would drive the wife to commit suicide - Mere extra-marital relationship, even if proved, would be illegal and immoral, but it would take a different character if the prosecution brings some evidence on record to show that the accused had conducted in such a manner to drive the wife to commit suicide - In the absence of some other acceptable evidence on record that can establish such high degree of mental cruelty, the Explanation to Section 498A which includes cruelty to drive a woman to commit suicide, would not be attracted - On the basis of the said evidence, it is difficult to sustain the conviction under Sections 306 and 498A IPC.
Topic(s)-Abetment of suicide - Cruelty - Extra marital relationship by husband - Acquittal
Important Decision(s)- Extra marital relationship by husband - Held that the first limb of Section 498A, which refers to cruelty.