LexSMT. BHAGWATI DEVI versus STATE OF UTTARAKHAND
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[2025] 8 S.C.R. 2289 : 2025 INSC 1051 Smt. Bhagwati Devi v. State of Uttarakhand (Criminal Appeal No. 2616 of 2014) 29 August 2025 [Aravind Kumar* and N.V. Anjaria, JJ.] Issue for Consideration Issue arose whether the order of conviction u/s.498-A IPC and consequential sentence imposed on the appellant-mother-in-law can be sustained on the basis of the material evidence. Headnotes† Penal Code, 1860 – s.498-A – Husband or relative of husband of a woman subjecting her to cruelty – Dowry demand – Case of the complainant-father that his daughter was found dead inside the matrimonial home, and the accused persons- father-in-law, mother-in-law and brother-in-law of the daughter were present in the house; that the daughter had committed suicide by hanging herself; that the daughter used to inform that her mother-in-law was commenting on her sarcastically for dowry, and that her husband was out of the city – Trial court convicted only the appellant-mother-in-law u/s.498-A and sentenced her, however acquitted others of the charges u/ss.302/34, 304-B and 498A – High Court upheld the same – Correctness: Held: Order of conviction of the appellant for the offence punishable u/s.498-A and consequential sentence imposed cannot be sustained on the basis of the material evidence – Cumulative effect of the evidence of the witnesses-mother, father and brother of the girl, and the doctor would lead to the irresistible conclusion that the girl-deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her – Neighbour of the appellant deposed that appellant had never made any demand for dowry, and that the deceased had informed her of not keeping well – She being neither the relative * Author 2290 [2025] 8 S.C.R. Supreme Court Reports of the appellant nor belonging to the same community to which the appellant belongs would indicate that there was no interest in her to depose against the factual matrix or in favour of the appellant – Her evidence having been brushed aside by the courts below on the premise that she could not have deposed any fact with regard to the demand of dowry as it happens within the four walls is an erroneous finding – In such matters the word spreads faster than the wind about a daughter-in-law being harassed for the dowry by the parents in law – Such facts are conspicuously absent – Thus, the judgment of the High Court set aside and the appellant stands acquitted for offence u/s.498-A [Paras 11, 12] Penal Code, 1860 – s.498-A – Term cruelty – Meaning of, for purpose of s.498-A – Explained. [Para 8] Case Law Cited Manju Ram Kalita v. State of Assam [2009] 9 SCR 902 : (2009) 13 SCC 330 – referred to. List of Acts Penal Code, 1860. List of Keywords Conviction u/s.498-A IPC; Dowry demand; Suicide by hanging; Material evidence; Cruelty; Word spreads faster than the wind; Daughter-in-law being harassed for the dowry by the parents in law. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2616 of 2014 From the Judgment and Order dated 10.04.2014 of the High Court of Uttarakhand at Nainital in CRLA No. 174 of 2003 Appearances for Parties Advs. for the Appellant: Anshumaan Purohit, Sanjeet Kumar Trivedi. Advs. for the Respondent: Ms. Saakshi Singh Rawat, Sudarshan Singh Rawat, Sunny Sachin Rawat. [2025] 8 S.C.R. 2291 Smt. Bhagwati Devi v. State of Uttarakhand Judgment / Order of the Supreme Court Judgment Aravind Kumar, J. 1. The Appellant herein who has been convicted for the offence punishable under Section 498-A of IPC is assailing the judgment rendered by the High Court of Uttarakhand at Nainital in Criminal Appeal No.174 of 2003 on 10.04.2014. 2. The son of the Appellant – Sh. Sanjay Mishra married Smt. Chandra Devi, the daughter of the complainant – Dharmanand Joshi (PW-1) according to Hindu customs and rites about a year prior to her death on 15.06.2001. PW-1 presented a complaint before Bagwshwar (P.S.) on 16.06.2001 alleging that his daughter was found dead inside the matrimonial home and only the accused persons were present in the house. It was also stated in the complaint that the daughter of PW-1 had committed suicide by hanging herself. However, he is said to have seen the wounds on his daughter’s body during examination and he along with the Patwari saw blood along with water oozing out from the mouth of his daughter. It was further alleged that she was pregnant at the tim
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