LexSATISH CHANDRA & ANR. versus STATE OF M.P.
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[2014] 6 S.C.R. 23 SATISH CHANDRA & ANR. v. STATE OF M.P. (Criminal Appeal No. 211 of 2010) MAY 6, 2014 [SUDHANSU JYOTI MUKHOPADHAYA AND A.K. SIKRI, JJ.] Penal Code, 1860 - s. 498A - Suicide by married woman within 3 years of marriage - Dying declaration recorded by Executive Magistrate (PW2) with certification by attending doctor (PW5) - Conviction of husband and mother-in-law by Courts below uls. 498A - If justified - Held: Deceased in her declaration very categorically stated that her mother-in-law used to fight with her regularly on account of demand of gold chain which her parents could not fulfill and that she had fight on the fateful day also and being tired of such regular fights she poured kerosene oil on her and set herself on fire - Clearly, immediate cause of committing suicide was regular fights with mot!Jer-in-law on account of dowry demand - Ingredients of s. 498A stand satisfied qua mother-in-law as deceased was subject to cruelty on account of unlawful demand for property viz. gold chain in the instant case and failure on her part to meet that demand - So much so, it ultimately drove the deceased to commit suicide - However, deceased in her statement did not blame her husband at all and on the contrary, categorically stated that he was innocent - No conclusive proof that there was any "cruelty" on his part - In fact, in order to please and satisfy his wife, the husband · was making all efforts to become something in life and was struggling for that - Husband given benefit of doubt for charge u/s. 498A and thus acquitted from that charge - Conviction of mother-in-law u/s. 498A however upheld. Penal Code, 1860 - s.304-8 - Suicide by married woman 23 A B c D E F G H 24. SUPREME COURT REPORTS [2014) 6 S.C.R. A - Deceased poured kerosene on her person and then put herself on fire - Dying declaration recorded by Executive Magistrate (PW2) with certification by attending doctor (PW5) - Conviction of husband and mother-in-law by Courts below u/s.3048 - If justified- Held: The death was caused by burns B and occurred otherwise than under normal circumstances-- It happened within 7 years of her marriage - Further, the trigger point for committing suicide was quarrel between deceased and her mother-in-law on the fateful day - There were regular fights between deceased and her mother-in-law c for dowry - Statement of the deceased made it clear that on that fateful day also mother-in-law fought with her for that reason - Therefore, commission of offence u/s. 3048 against mother-in-law conclusively proved in view of iron clad dying declaration - However, husband cannot be said to have 0 committed any act of "cruelty" soon before her death which forced the deceased to take such a step - Deceased nowhere stated that on that date when her mother-in-law had quarreled with her, the husband was associated or even responsible for that - Husband thus acquitted of charge u/s.3048 while E conviction of mother-in-law uls.3048 uphel~ - Sentence I Sentencing - Suicide by married woman within 3 years of marriage - Appellant no. 2 (mother-in-law) convicted by courts below ulss.3048 and 498A and sentenced to one year RI for; offence uls.498A /PC and 10 years for F offence uls.3048/PC - On appeal, held: On facts, sentence of one year R/ for offence uls.498A /PC maintained - However, inspfar as s. 3048 /PC is concerned, certain extenuating 9nd mitigating circumstances existing - First of all, even wfyen the immediate cause to commit suicide was G the fight be.tween deceased and appellant no.2(mother-in-law}, at the SClme time deceased was not happy with her matrimonial fife for other reasons as well - In tact, she was not happy with the marriage at all which she stated in some of the lf/tters to her relatives - In interests of justice, sentence H in resr:rect of offence uls.3048 /PC reduced from 10 years to ! SATISH CHANDRA v. STATE OF M.P. 25 7 years RI - Penal Code, 1860 - ss.3048 and 498A. A Evidence Act, 1872 - s. 32 - Dying declaration - Challenge to, on ground that deceased was tutored before she made the statement - Held: Not tenable - Nothing on record indicating that deceased may have been tutored - Deceased B was not happy with her matrimonial life and had expressed so on earlier occasions as well, wf'fich fact surfaced in her declaration as well - Dying declaration was natural and voluntary. Evidence Act, 1872 - s. 32 - Dying decla
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