|HC of KARNATAKA at BENGALURU|
2018-02-28Criminal Appeal No 355 of 2010J. K.SomashekarSrinivasa Gowda vs State of KarnatkaIPC 498A
Mere Non-Sending Of Wife To Her Parental House Doesn't Amount To Cruelty
The Karnataka High Court has observed that mere non-sending of the wife to her parental house does not amount to cruelty.
In the instant case, the husband and mother in law were accused of abetting suicide of the wife and also that they subjected her to both mental and physical harassment.
The crux of the allegations against husband and his mother was that they were not allowing the wife to visit her parental house. Though the trial court acquitted the mother in law, the husband was convicted under Section 498A IPC.
On his appeal, the high court observed that the trial court based its conviction of the accused for the offence punishable under Section 498-A of IPC solely on the ground that the accused did not allow the deceased to go to her parental house and the same would amount to cruelty.
'Mere non-sending of the deceased to her parental house, does not amount to cruelty. In the absence of any material evidence on record, the Trial Court was not at all justified in coming to such a conclusion,' Justice K Somashekar said.
Acquitting the husband, the court said there were inconsistencies and contradictions in material witnesses examined for the prosecution relating to the harassment meted out to the deceased by the accused. The court also observed that there is no whisper in the complaint about any quarrel having occurred either on the date of incident or on the previous day.DOWNLOAD | GOOGLE DOCS | VIEW