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The couple was married in 1993. The wife's father claimed that his daughter was treated properly during the initial months of the marriage. However, he alleged that subsequently, the husband, his mother, and his brother began taunting her about her cooking and other household duties
The Bombay High Court recently observed that mere taunting does not constitute mental cruelty under Section 498A of the Indian Penal Code.
“..mere taunting of above nature would not amount to harassment or mental cruelty. Solitary instance of husband beating with stick is stated but even its details are not given as to when the same took place. No steps are taken thereafter to question accused or to give understanding to the accused. Consequently, evidence of brother and mother does not disclose commission of offence under Section 498-A IPC,” the order reads.
A single-judge bench of the high court at Aurangabad, led by Justice Abhay Waghase, heard an appeal filed by the Sessions Court convicting a husband, his mother, and his brother for abetting suicide under Section 306 and cruelty under Section 498A of the Indian Penal Code.
The couple was married in 1993. The wife's father claimed that his daughter was treated properly during the initial months of the marriage. However, he alleged that subsequently, the husband, his mother, and his brother began taunting her about her cooking and other household duties.
It was also alleged that the husband asked the wife to get Rs. 10,000 from her father. In May 1994, the woman was found dead, allegedly due to self-immolation.
The father of the woman claimed that his daughter committed suicide after being fed up with her in-laws, while the accused family claimed she committed suicide by self-immolation.
The high court, in its order, noted that mens rea, which is an essential ingredient, was missing in the testimony of the witnesses.
“Settled law on the point of offence of 306 IPC has already been discussed in aforesaid paras. Applying the settled legal position here, in the considered opinion of this court, there is no evidence about instigation or inducement to commit suicide. Mens rea which is essential ingredient is shown to be missing in the testimony of PW4 and PW55,” the order reads.
The bench also recorded that a mere accusation of demanding money, not followed by mental or physical cruelty, does not constitute the offense for which the family was charged.
“Simplicitor accusations of taunting and demanding Rs.10,000/-, which was admittedly not followed by physical or mental cruelty, itself would not be sufficient to attribute abetment to commit suicide. Hence, in the considered opinion of this court, this charge fails,” the order reads.
Case title: Narendra Sahebrao Patil & ors vs State of Maharashtra
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