'One Incident' Of Husband Slapping Wife For Staying Overnight At Parent's Home Without Telling Him Not Cruelty: Gujarat High Court

The Gujarat High Court has observed that "one incident" of a husband slapping his wife on the ground of her staying overnight at parental home without informing him would not amount to cruelty under Section 498A IPC.

Acquitting the husband accused of cruelty and abetment to suicide after 23 years, the court further said that allegation of persistent, unbearable continuous beatings by husband would require cogent evidence to be proved to show that it drove the wife to commit suicide.

Justice Gita Gopi in her order said:

“One incident of husband slapping the wife on the ground of staying overnight at parental home without informing him would not be counted as cruelty. The proximate cause to suicide was not proved. And persistent, unbearable continuous beatings, would require cogent evidence to be considered as proved, for the same to be believed as cruelty that drove the daughter to commit suicide by hanging herself to death finding no other alternative. The witnesses failed to prove the case of cruelty and of abetment for the commission of suicide. The conclusion reached by the trial Court becomes erroneous. The conviction and sentence thus cannot sustain".

The Court was hearing a Criminal Appeal filed by Dilipbhai Manglabhai Varli challenging sessions court's 2003 judgment convicting him for offences under Sections 498A (cruelty) and 306 (abetment to suicide) IPC in connection with the suicide of his wife in May 1996.

The prosecution case was that the wife, within one year of marriage, died by suicide after being subjected to mental and physical cruelty by her husband. The Sessions Court had convicted the appellant and sentenced him to seven years' imprisonment for abetment of suicide and one year for cruelty.

Appearing for the appellant, Senior Advocate Dhaval Vyas, along with advocates Yukta Pandey and D.A. Sankhesara, argued that the allegations were general in nature and did not establish cruelty within the meaning of Section 498A IPC. He submitted that the disputes between the couple primarily arose because the appellant used to go out at night to play 'banjo' for additional income, which his wife disliked, and such quarrels could not amount to abetment of suicide. He further argued that there was no evidence of dowry demand, instigation, or any proximate act connecting the appellant's conduct to the suicide.

Opposing the appeal, Additional Public Prosecutor Jyoti Bhatt submitted that the deceased had been subjected to harassment and physical assault, and relied upon the testimony of her parents to argue that the appellant's conduct had driven her to commit suicide. She contended that the trial court had properly appreciated the evidence and that the conviction deserved to be upheld.

The court noted the mother's testimony that the matrimonial life of her daughter was not good and that the husband was "subjecting her to excessive harassment and beatings and if she could not do any work, then also the accused would beat her".

"The mother stated that one month prior to the incident, the daughter had come to their house and at that time, she complained that her husband was harassing her and beating and was questioning as to why she had gone to her parents house inspite of his refusing and why she had stayed at night. Fifteen days after that incident, the mother stated that the accused killed his daughter," the order notes.

The court further noted that the mother in her testimony said that whenever the daughter would come over to her parents house she would tell her about the beatings by the husband.

It further said, "In the cross examination the mother stated that she had not got it recorded in the statement before the police about the accused scolding the daughter by using the expression “without informing me”. She had denied that she has not got it recorded in the statement before the Police that Dilip had murdered her daughter and also denied that she has not informed the police that she had seen injuries on the body, hands and face of the deceased sustained by wooden log".

The court said that the though the parents had stated that they knew that the accused was beating the deceased, they never filed a complaint or approached the community panch.

"Thus, in the evidence of the witness-mother, she had tried to give evidence to convince that it was a case of murder. The incident which she stated of accused slapping the wife was with the accused grudge that the daughter had gone to her parental house without informing the husband. Though the parents were knowing that the accused was beating her, they have never filed any complaint nor had they ever thought it fit to take the matter to the community panch nor had they instructed the daughter to leave the accused and not go at the matrimonial house in the company of the accused," the court said.

After examining the evidence, the High Court found that the prosecution had failed to establish continuous cruelty or any direct instigation. The Court noted that the primary dispute between the couple was over the appellant's habit of returning late at night after playing music, and that even the father of the deceased had admitted that their marital relationship was otherwise cordial and there was no complaint of dowry demand.

The Court also observed that no prior complaint of cruelty had been lodged, no medical records of alleged beatings were produced, and there was no independent evidence to corroborate the allegations of harassment.

"it appears that the quarrel was only on the ground as the husband was going out at night to play 'banjo' in marriage ceremonies and after returning late, there would be quarrel between the husband and wife. All the witnesses consistently stated that the deceased as a wife was not liking the accused returning late in the night after playing 'banjo'. The quarrels were specifically stated to have occurred after accused returning back home at night, after his performance on the 'banjo'", the court noted.

Referring to settled law on abetment of suicide, the Court reiterated that conviction under Section 306 IPC requires proof of a clear mens rea and a direct or proximate act of instigation, and cannot be based merely on ordinary marital discord.

Holding that the trial court had erred in convicting the appellant without sufficient evidence, the High Court allowed the appeal, set aside the conviction and sentence and acquitting the appellant of all charges.

Case Title: Dilipbhai Manglabhai Varli v State of Gujarat

Case Number: R/CRIMINAL APPEAL NO. 726 of 2003

Appearance: Senior Advocate Dhaval Vyas with advocates Yukta Pandey and DA Sankhesara for the Appellants APP Jyoti Bhatt (APP) for the Respondents.

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