Supreme Court of India
State Of Maharashtra vs Ashok Narayan Dandalwar on 27 April, 2000
Equivalent citations: 2000CRILJ4993, JT2000(7)SC468, (2000)9SCC257, AIR 2000 SUPREME COURT 3568(1), 2000 (9) SCC 257, 2000 AIR SCW 3673, 2000 AIR SCW 3680, 2000 CRI. L. J. 4993, 2000 LAB. I. C. 3345, 2000 (6) SUPREME 350, 2000 (10) SCC 550, (2000) 7 JT 427 (SC), 2000 (7) JT 427, 2000 LAB LR 1145, (2000) 2 MADLW(CRI) 725, (2000) 6 SUPREME 350.1, (2000) 7 JT 468 (SC), 2001 (6) SRJ 455, 2000 (7) JT 468, 2000 BOM CR 534, (2001) 1 LAB LN 703, (2000) 2 CURLR 863, (2000) 86 FACLR 823, (2001) 3 LABLJ 803, 2001 SCC (L&S) 658, (2000) SC CR R 820, 2000 CHANDLR(CIV&CRI) 377, (2000) 4 CRIMES 100, (2000) 86 FACLR 675, (2000) 2 LABLJ 536, (2000) 3 LAB LN 532, (2000) 4 SCT 355, (2000) 4 SERVLR 468, (2000) 2 CURLR 785, (2000) 3 EASTCRIC 844, (2001) 1 MARRILJ 82, (2000) MATLR 576, (2000) 19 OCR 640, (2000) 6 SUPREME 539, (2000) 29 ALLCRIR 1889, (2000) 3 ALLCRILR 436, (2000) 1 DMC 534, (1999) 2 HINDULR 122, (2000) 3 RECCRIR 146, (2000) 2 CHANDCRIC 298, 2000 CHANDLR(CIV&CRI) 146, (2000) 4 CRIMES 74, (2000) 2 ANDHLT(CRI) 498, (2000) 4 ALLMR 107 (BOM), AIR 2000 SUPREME COURT 3568(2)
Author: S.N. Variava
Bench: S.N. Variava
JUDGMENT
1. This appeal is directed against an order of acquittal recorded by the High Court of Bombay acquitting the accused-respondent of his conviction under Section 498A of the I.P.C.
2. The accused stood charged under Sections 498A and 306, I.P.C., and the learned trial Judge acquitted him of the charge under Section 306, I.P.C., but convicted under Section 498A, I.P.C. On an appeal being carried, the High Court examined the entire material on record and came to the conclusion that there is not an iota of material on the basis of which the cruelty which is the necessary ingredient for bringing home the charge under Section 498A, I.P.C. can be said to have been established and accordingly acquitted him.
3. Mr. Deshpande, appearing for the State vehemently contended that the oral evidence read with the letters supposed to have been written by the deceased to her brother as well as other persons unequivocally indicates the treatment that was meted out to her by the accused and therefore, the order of acquittal is wholly unjustified. But, having gone through the letters produced by the prosecution, we do not find even a slightest assertion in any of the letters complaining against the husband either he was making any demand at any point of time or he has assaulted or treated the wife with cruelty or torture. In that view of the matter, when in so many letters (Exts. 11 to 17) the deceased has not reflected any cruelty alleged to have been meted out to her by the husband. It is difficult to maintain a conviction on the oral testimony of the younger brother of the deceased and, in our view, the High Court was fully justified in recording an order of acquittal. We see no merits in this appeal to interfere with the said order of acquittal.
4. The appeal accordingly fails and is dismissed. The bail bonds of the respondent shall stand discharged.