S.498A IPC | Scolding Daughter-In-Law For Placing Food Pot On Ground Is Not Cruelty: Jharkhand High Court

The Jharkhand High Court has set aside the conviction of a mother-in-law under Section 498A of the Indian Penal Code, holding that the prosecution failed to establish the statutory ingredients of cruelty where the allegation against her was limited to abusing her daughter-in-law after she placed a pot of treacle on the ground. Allowing the appeal, the Court held that the trial court had erred in appreciating the evidence and that the conviction under Section 498A IPC could not be sustained.

A Single Judge Bench of Justice Pradeep Kumar Srivastava was hearing a criminal appeal against the judgment of the 4th Additional District & Sessions Judge (Fast Track Court), Dumka, convicting the appellant under Section 498A IPC and sentencing her to three years' rigorous imprisonment with fine. The trial court had acquitted the appellant of the charge under Section 306 IPC.

According to the prosecution, on January 20, 2001, the informant removed a pot containing treacle (gur ka sheera) from a raised place on the wall and placed it on the ground. Aggrieved by this, her mother-in-law allegedly abused her. Enraged by the incident, the informant allegedly took burning fire from a mud stove in the courtyard and set herself ablaze, sustaining severe burn injuries. She later succumbed to those injuries during treatment, following which Section 306 IPC was added during investigation.

It was also alleged that the deceased had been subjected to cruelty by her mother-in-law from the very inception of her marriage, which had taken place about seven years earlier. During trial, the prosecution examined eleven witnesses besides leading documentary evidence.

Counsel for the appellant contended that the only allegation against the appellant was that she had scolded her daughter-in-law over a trivial domestic issue. It was argued that such incidents were part of ordinary village life and that there was neither any allegation that the appellant had set the deceased on fire nor any overt act amounting to cruelty under Section 498A IPC.

Opposing the appeal, the State submitted that it was the appellant's conduct in abusing and scolding the deceased that prompted her to set herself on fire. It was further argued that the deceased had specifically alleged in her fardbeyan that she was frequently subjected to cruelty by the appellant.

The High Court noted that the trial court had treated the deceased's fardbeyan as a dying declaration and, while acquitting the appellant of the offence under Section 306 IPC, had convicted her under Section 498A IPC.

Examining the ingredients of Section 498A IPC, the Court observed that the provision requires cruelty of such a nature as is likely to drive a woman to commit suicide or cause grave injury or danger to her life, limb or health, or harassment with a view to coercing fulfilment of an unlawful demand for property or valuable security. The Court found that the second limb of the provision relating to dowry demand was admittedly absent in the present case.

The Bench further observed that apart from the allegation that the appellant abused the deceased after she placed the treacle pot on the ground, no other overt act had been attributed to her. It also found no evidence demonstrating earlier instances of cruelty or harassment during the more than seven years the deceased had lived in her matrimonial home. The Court observed:

“Except the allegation that on scattering the treacle on earth the mother-in-law (accused appellant) abused the deceased. No other overt act has been stated against her and there is no demonstration of any earlier instances of cruelty and harassment meted with the deceased.”

The High Court also noted that the charge framed against the appellant did not contain allegations falling within Explanation (a) or Explanation (b) to Section 498A IPC. It further observed that in the appellant's examination under Section 313 CrPC, there was no specific allegation explaining how she had subjected the deceased to cruelty or harassment.

Holding that the prosecution had failed to establish the essential ingredients of the offence, the Court observed that the trial court had committed a serious error in appreciating the evidence. Accordingly, the High Court set aside the conviction and sentence under Section 498A IPC and allowed the appeal. Since the appellant was already on bail, she was discharged from the liabilities of her bail bonds.

Case Title: Lakhi Devi v. State of Jharkhand.

Case Number: Cr. Appeal (SJ) No. 869 of 2005.

Appearance: Mr. Om Prakash for the Appellant. Mr. Tarun Kumar for the State.

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