GOPAL versus STATE OF RAJASTHAN

Citation: [2009] 2 S.C.R. 423 · Decided: 13-02-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2009] 2 S.C.R. 423 
GO PAL 
A 
V. 
STATE OFRAJASTHAN 
Criminal Appeal No. 57 of 2002 
FEBRUARY 13, 2009 
B 
(DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM 
SHARMA, JJ.) 
.If' 
Penal Code, 1860· : . 
ss. 498A, 306 and 323 - Applicability of - Death of wife c 
due to asphyxia, 22 years after marriage - FIR against husband 
u/ss.498A and 306 - Acquittal by trial court - However, High 
Court convicting uls. s. 498 A - On appeal, held: There was no 
evidence of demand of dowry and case of suicide was not 
established - Thus, s. 498A(b) ands. 306 not applicable -
D 
_...., 
Since, husband has been in custody for 6 months, his conviction 
uls. 323 not considered - Conviction uls. 498A set aside. 
Prosecution case was that wife died 22 years afte,r 
the marriage. The cause of death was asphyxia, due to 
opium poisoning and there were 6 bruises on the body. E 
FIR was registered against the appellant-husband u/ 
ss.498A & 306 IPC for beating his wife and treating her 
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with c'ruelty. Trial court acquitted the appellant as 
prosecution case was not proved. High Court upheld 
acquittal u/s.306 but convicted u/s.498A. Hence the F 
present appeal. 
Allowing the appeal, the Court 
HELD: Section 498A IPC has two limbs. The first limb 
of s. 498A provides that whoever, being the husband or G 
\. 
the relative of the husband of a woman, subjects such 
...,.. 
<_· 
woman to cruelty shall be punished. 'Cruelty' has been 
defined in clause (a) of the Explanation to the said Section 
as any willful conduct which is of such a nature as is likely 
423 
H 
424 
SUPREME COURT REPORTS 
[2009] 2 S.C.R. 
A to drive a woman to commit suicide. When there is demand 
of dowry, the case comes under clause (b) of the 
Explanation to s. 498A. Clause (a) of the Explanation has 
definite application to the facts of the instant case. The 
effect of s. 113 A of the Evidence Act cannot be lost sight 
8 
of. As per s.113 A when the question as to whether 
commission of suicide by a woman had been abetted by 
her husband or any relative of her husband and" it is 
shown that she had committed suicide within a period of 
seven years from the date of he_r marriage and that her 
husband or such. relative other husband had subjected 
C her to cruelty, the court may presume that such suicide 
had been abetted by her husband or by such relative of 
her husband. This has not been rebutted by the 
appellants. For bringing in application of s. 306 IPC, 
suicide has to be established. In the instant case, the trial 
0 
court and the High Court have categorically held that no 
suicide has been established. So far as s.498-A(b) is 
concerned, there must be an evidence of demand of 
dowry. There is no evidence in that regard adduced by 
the prosecution. That being so, s. 498 A(b) has no 
application. As regard conviction of appellant u/s.323 IPC, 
E said question is not gone into considering the fact that 
the appellant has already suffered custody of about 6 
months. [Paras 9, 10, 11, 12 and 13] [ 428-G, H; 429-A, B, C, 
D, E, F] 
Akula Ravinder & Ors. vs. The State of Andhra Pradesh 
F 
AIR (1991) SC 1142 and Ba/want Singh & Ors. vs. State of 
H.P (2008) 10 JT 58.9 - referred to. 
G 
Case Law Reference 
AIR (1991) SC 1142 
Referred to 
Para 7 
. 
(2008) 10 JT 589 
Referred to 
Para 8 
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal 
No. 57 of 2002 
From the final Judgement and Order dated 23.5.2001 of 
the High Court of Judicature for Rajasthan at Jodhpur in Criminal 
H 
Appeal No. 322 of 1993. 
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GOPAL V. STATE OF RAJASTHAN 
425 
~ 
S.K. Gambhir, S.K. Sinha and TN. Singh, with for the A 
Appellant. 
Aruneshwar Gupta, for the Respondent. 
The Judgement of the Court was delivered by 
DR. ARIJIT PASAYAT,. J 
B 
I. 
1. Challenge in this appeal is to the judgr:nent of a learned 
jf 
Single Judge of the Rajasthan High Court a11owing the appeal 
of the State Government and holding the appellant guilty of 
offence punishable under Section 498-A of the Indian Penal c 
Code, 1860 (in short 'IPC') while upholding the acquittal in 
respect of offence punishable under Section 306 IPC. The 
appellant was sentenced to undergo rigorous imprisonment for 
one year and to pay a fine of Rs.2,000/-with default stip.ulation. 
,., 
2. Background facts giving rise to the prosecution are as D 
),._ 
under: 
On 4.7.1988, at about 10 p.m. Laxman Singh (P.W.13) who 
was S.I. in the Police Station Nimbaheda received an information 
from the Medical Officer Dr. R.D. Bhatt (P
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