Bombay High Court acquitted a husband and mother in a dowry death case, holding that a short-tempered wife’s suicide in a fit of anger did not constitute dowry death. The court said evidence failed to prove cruelty under law.
The Aurangabad Bench of the Bombay High Court acquitted a husband and his mother, who had previously been convicted of dowry death and cruelty, ruling that the prosecution did not adequately prove their case.
The court noted that the deceased wife had a short temperament and took her own life in a fit of anger.
Justice Neeraj P. Dhote emphasized that “every harassment or ill-treatment do not qualify the term Cruelty to attract Section 498-A of the IPC.”
Rajkumar Ramdas Bhagat (32) and his mother, Suratbai @ Sarswati Ramdas Bhagat (58), had filed an appeal against a judgment from August 30, 2023, by the Additional Sessions Judge in Shrigonda.
The trial court had convicted them under multiple sections of the Indian Penal Code (IPC), including 498-A (Cruelty) and 304-B(2) (Dowry Death), resulting in a ten-year rigorous imprisonment sentence for the latter charge.
According to the prosecution, Sudeshna, who married Rajkumar on December 10, 2010, faced harassment within five to six months. The prosecution alleged that in September 2012, this mistreatment led to her abortion and that she was sent to her parents’ home with a demand for Rs. 2 Lakhs to build a house and start a poultry business.
Sudeshna tragically took her own life on November 12, 2014, by throwing herself in front of a moving train.
The defense argued that the evidence did not substantiate the claims of ill-treatment necessary to invoke Section 498-A IPC. Their counsel contended that the deceased’s temperament contributed to her actions, and claimed that the husband and in-laws were financially stable, which undermined the allegations of a dowry demand.
They also asserted that the suicide note was fabricated, with the handwriting expert’s conclusions being unreliable due to lack of proper evidence.
The state counsel maintained that there was adequate evidence of harassment, citing testimonies from the deceased’s friend and the handwriting expert, who purportedly verified the authenticity of the suicide note.
Justice Neeraj P. Dhote critically examined the evidence presented and identified substantial gaps in the prosecution’s argument.
The court highlighted testimonies from the deceased’s brother and a neighbor, indicating the deceased had an irritative nature and that disputes arose from both sides.
The court remarked,
“On evaluation of the above-referred evidence of the material witnesses of the Prosecution, it becomes more than clear that, the Deceased was a short-tempered woman… Quarrels by itself will not be incriminating unless it fall within the term ‘cruelty’ sufficient to drive the victim to commit suicide.”
The court scrutinized the testimony of the deceased’s friend, noting her lack of contact with Sudeshna in the year before the incident, and deemed her claims about financial demands to be exaggerated. The absence of any mention of such demands in a written undertaking signed by the deceased and her husband added to the skepticism of the allegations.
The High Court raised serious doubts regarding the suicide note’s recovery. Evidence from a panch witness contradicted the presence of any note at the scene, which led to the conclusion that the prosecution’s claims regarding the note were highly doubtful and remain a mystery.
Justice Dhote stated,
“If it is so, the Prosecution’s case in respect of the suicide chit is required to be seen with serious doubt.”
Also Read: Dowry Death? Dying Declaration Sends Mother-In-Law To Jail For Life: District Court
Ultimately, the High Court determined that the prosecution “utterly failed to establish the demand of money” or the claims of cruelty.
The court concluded that the evidence was insufficient to prove abetment to suicide or dowry death, noting,
“The evidence clearly show that, the Deceased was of short temperament and frequent quarrels used to take between her and the in-laws and she committed suicide in a fist of anger.”
The court allowed the appeal, invalidated the trial court’s conviction and sentence, and acquitted Rajkumar Ramdas Bhagat and Suratbai @ Sarswati Ramdas Bhagat of all charges, directing their immediate release.
Case Title: Rajkumar S/o. Ramdas Bhagat And Another vs. The State Of Maharashtra, Criminal Appeal No. 828 of 2023
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