Bombay High Court Factors In Mother-In-Laws's Occupation Of Sweeper, Responsibility Towards Grandchildren To Stay Conviction In Dowry Death Case

Justice MS Karnik, while staying her conviction for the death of her daughter-in-law, observed that she is a Class IV employee who is responsible for her two minor grandchildren.

“Though the Applicant is convicted, however considering the nature of the evidence against the Applicant, the delay in lodging of the FIR which is not satisfactorily explained, the fact that she is in employment as a Sweeper who has to provide for her grandchildren, are factors which have persuaded me to stay the conviction. This is a rare and an exceptional case where the facts are such that I am of the opinion that the conviction needs to be stayed”, the court held.

The court allowed Shivsharan’s interim application for stay on conviction in her appeal against conviction.

The marriage of the deceased Puja and the applicant’s son Dattatraya Ram Shivsharan was solemnized on December 29, 2010. The deceased committed suicide on September 12, 2016. The FIR was lodged on August 15, 2017.

The applicant was convicted by a trial court for offences under Sections 498A (cruelty by husband or in-laws), 306 (abetment to suicide), and 304B (dowry death) of the IPC. She was sentenced to a maximum imprisonment term of seven years. Subsequently, her appeal against this conviction was admitted, and she was released on bail after suspension of her sentence.

The court referred to the Supreme Court's judgment in the case of Lok Prahari v. Election Commission of India. This judgment highlighted the power of an appellate court to stay a conviction pending an appeal and emphasized that such power is exceptional and should be exercised with great caution.

The prosecution cited the case of Shyam Narain Pandey v. State of Uttar Pradesh to argue against stay on the conviction. This case established that deprivation of livelihood could not be considered a valid reason for staying a conviction in cases involving serious offences.

The court noted that while there was indeed a conviction on record against the applicant, the allegations primarily focused on her son Dattatraya. The mother of the deceased deposed that the applicant was harassing her on due to failure to give a cupboard and some household articles in the marriage. “These are the only materials against the Applicant resulting in her conviction”, the court said opining that there were merely general allegations of ill-treatment against the applicant.

Moreover, the delay in filing the FIR was not satisfactorily explained, the court said.

The applicant, a Class IV employee working as a sweeper with the Health Department of the Solapur Municipal Corporation at the relevant time, has to provide for her two minor grandchildren, the court said. The Court found that these unique circumstances warranted staying the conviction, especially considering that her appeal against conviction could take a long time to conclude.

Advocates Ritesh M Thobde, Sagar S Tambe, and Changdev S Shingade represented the Applicant.

APP Anamika Malhotra represented the State.

Case no. – Interim Application No. 1647 of 2023

Case title – Chanda Ram Shivsharan v. State of Maharashtra

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