SAHEBRAO AND ANR. versus STATE OF MAHARASHTRA

Citation: [2006] SUPP. 1 S.C.R. 737 · Decided: 03-05-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed
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Judgment (excerpt)

.•-
SAHEBRAO AND ANR. 
A 
v. 
ST ATE OF MAHARASHTRA 
MAY 3, 2006 
[S.B. SINHA AND P.P. NAOLEKAR, JJ.] 
B 
Penal Code, 1860: 
Section 498-A-Cruelty-Married woman subjected to cruelty-By 
husband and other relatives-Soon after the marriage of the accused with C 
the deceased, the husband and his elder brother demanded additional dowry 
amount and a tape recorder-At her matrimonial home, deceased was 
constantly nagged for non-payment of additional amount by her father-
Ultimately deceased committed suicide-Trial convicted accused under S. 
498-A-High Court affirmed conviction-Correctness of-Held: The facts D 
clearly establish that the husband and his elder brother subjected the deceased 
to cruelty-Hence, their conviction under S. 498-A was based on cogent and 
reliable evidence. 
Evidence Act, 1872: 
Section 113-A-Abetment to suicide-Suicide committed within a span E 
of four months after marriage-Soon after the marriage of the accused with 
the deceased, the husband and his elder brother demanded additional dowry 
amount and a tape recorder-At her matrimonial home, deceased was 
constantly nagged for non-payment of additional amount by her father-
U/timately deceased commilted suicide-Trial Court convicted accused under F 
S. 306 lPC with the aid of presumption under S. 113-A-High Court affirmed 
conviction-Correctness of-Held: The cruel treatment meted out to the 
deceased was of such a nature that it has driven the married woman to 
commit suicide-Hence, conviction under S. 306 !PC with the aid of S. 113-
A upheld-Penal Code, 1860, S. 306. 
Criminal Trial: 
First Information Report (FIR)-Delay in lodging of-Whether fatal to 
the prosecution case-PW-I saw his married daughter dead in her matrimonial 
home-As his mental condition was not good, PW-1 lodged the FIR the next 
737 
G 
H 
738 
SUPREME COURT REPORTS (2006] SUPP. I S.C.R. 
A day giving the detailed narration of facts-Held: The delay in filing FIR by 
itself cannot be a ground to doubt the prosecution case and discard it-After 
finding her newly wedded daughter's dead body in her matrimonial home, it 
was very natural for a father to lose his tranquility of mind-Therefore, it was 
not unnatural or unusual to lodge the FIR the next day-Hence, delay in 
B lodging the FIR not fatal to the prosecution case-Code of Criminal Procedure, 
I973, S. 154. 
Words & Phrases: 
"Cruelty"-Meaning of-In the context of Section 498-A of the Penal 
C Code, I860. 
The appellant-accused A-2 was married to the deceased and soon after 
the marriage, the elder brother of A-2, appellant-accused A-1, dema'?ded 
additional dowry amount of Rs. 10,000/- and A-2 insisted for a tape remder. 
After 5-6 days, PW-3 and PW-4 went to the matrimonial home of the deceased, 
D gave the tape recorder to the accused persons and took the deceased to her 
parents' home. The younger brother of A-2 came to the house of PW-I, the 
father of the deceased, to take the deceased back to her matrimoniaf home 
and he informed PW-I that the deceased would not accompany him unless 
the amount was given. When the deceased came to her parents' home after a 
month, she requested her father not to send her back to her matrimonial home. 
E However, in the hope that the situation would improve, PW-I left his reluctant 
daughter at her matrimonial home. That time also A-2 told him that since the 
amount was not given PW-I should take back his daughter. 
F 
G 
Subsequently, the father of the deceased was informed that his daughter 
was ill. PW-I went to the house of the accused persons and there he saw his 
daughter dead and no one from the family of the accused persons was present 
in the house. The police made inquiry from PW-I but he told them that his 
mental condition was not good and that he would lodge the complaint 
afterwards. PW-I lodged the complaint against the appellants-accused the next 
day giving the detailed narration of facts. 
The trial court convicted the accused persons under Sections 306 and 
49S-A of the Penal Code, 1860. The High Court affirmed the conviction. Hence 
the appeal. 
On behalf of the accused persons, it was contended that the delay in 
H filing the First Information Report (FIR) was fatal to the case of the 
...
SAHEBRAO v. ST A TE OF MAHARASHTRA 
739 
prosecution. 
A 
Dismissing the appeal, the Court 
HELD: I.I. The settled principle oflaw is that the delay in filing FIR by 
itself cannot be a ground to doubt the prosecution case and discard it. The 
delay in lodging the FIR would
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