Cruelty To Wife For Dark Complexion Attracts Section 498A IPC : Calcutta HC [Read Judgment]

The Calcutta High Court has held that causing cruelty to a wife for dark complexion by her husband and in-laws will attract the offence of cruelty under Section 498A of the Indian Penal Code (IPC)."Causing cruelty to the deceased victim for her black complexion even after her marriage by the in-laws would definitely attract Section 498A/34 I.P.C. against the in-laws, including the accused husband", said the Court while sustaining the conviction of a man for the murder of his wife. A Division Bench comprising Justices Sahidullah Munshi and Subhasis Dasgupta was hearing an appeal against the conviction of the husband and his family members, for causing death of the victim by hanging about 7 months after the marriage."The cause of inflicting torture was the black complexion of deceased victim, which lead the in-law's members of victim including her accused husband to cause physical cruelty upon her", the bench said while maintaining his conviction and sentence under Section 498A/302/34 of the Indian Penal Code in the case Mazidul Miah @ Mia & Others vs State of West Bengal.Though the court acquitted the mother-in-law of the deceased of murder charges, her conviction for domestic cruelty under Section 498A IPC was sustained."The established fact is that there was an unnatural death of deceased held within seven months of her marriage. Such unnatural death was admittedly held in the in-law's house of deceased victim. There was sufficient evidence to show that the victim received oppression, illtreatment, torture, cruelty in her in-law's house by her in-law's members for her black complexion. Victim was further threatened to be driven out from her matrimonial home for giving second marriage of her husband", the Court noted. 'It is ordinary conduct that parents would prefer to persuade daughter to ignore torture, cruelty for future's sake' "At the very threshold of this case, this may be mentioned that the instant case is not based on dowry demand. The death of the deceased, as set up by prosecution during trial, was the dissatisfaction of accused persons expressed with regard to black complexion of the deceased victim in a case where marriage was admittedly a negotiable one", noted the bench. The High Court judgment records that the victim, a 20-year old girl, was given in marriage to accused/appellant no. 1 on 16.10.1997, according to Mohammedan rites and customs, satisfying the demands of his family for cash of Rs.11,000/- (Rupees Eleven Thousand), silver ornaments of three descriptions along with one Hero cycle and other valuables. After moving to her matrimonial house, the deceased victim suffered cruelty, oppression and ill-treatment at the hands of her in-laws, including her accused husband for her black complexion. She was not loved by the in-laws, and frequently abused with the threat that the accused husband would enter into a second marriage,shortly after repealing her marriage and driving her out of the matrimonial home. Just three days after her marriage, she was made to stay in a cow shed, The accused husband beat her physically with a cycle chain. "Though argument was raised that prosecution case could not be believed on the ground that even after knowing the commission of cruelty upon the victim, and cause of cruelty, the parents of victim never reported the same to police station or to panchyaat body, and the neighbouring people living around in-law's house of deceased victim, but this cannot be invariable rule that parent would immediately lodge a complaint immediately after knowing commission of cruelty upon their daughter, ignoring possibility of reconciliation mutually. It is ordinary conduct that parents would prefer to persuade their daughter ignoring the torture, and the cruelty for the future benefit of their daughter", said the Court. It proceeded to observe, "This is a case where PW-1/father of victim owns 15-16 kathas of agricultural land for his livelihood. Naturally, the father was left with best option to persuade his daughter for rejoining her in-law's house, foregoing the torture, ill-treatment, cruelty for future prospect, and this was rightly done by father/PW-1 by persuading his daughter, so that she could be made to return to her in-law's house for leading a peaceful conjugal life with husband". 'Non-production of weapon in murder trial will not lead to the rejection of testimony of Autopsy Surgeon of homicidal death' The bench noted that in the instant case, the deceased victim being the second daughter of the de-facto complainant suffered her death by hanging in her in-laws' house. The south facing room situated to the north of the house was ordinarily shared by the deceased and her accused husband, after they got married. "We should not be forgetful to take note of evidence adduced in the testimony of PW-7 (Autopsy Surgeon) that the seized chord was shown to Autopsy Surgeon by the escorting police producing the dead body for holding post-mortem...

Cruelty To Wife For Dark Complexion Attracts Section 498A IPC : Calcutta HC [Read Judgment]

Mehal Jain

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