Delhi District Court
State vs . Bhandari Ram on 29 January, 2014
IN THE COURT OF MS. TYAGITA SINGH: METROPOLITAN MAGISTRATE
(SOUTH WEST)-01, MAHILA COURT, DWARKA, NEW DELHI
STATE VS. Bhandari Ram
FIR NO: 106/13
P. S. Dwarka North
ID NO. 02405R0185792013
Date of institution of case : 21.06.2013
Date on which case reserved for judgment : 24.01.2014
Date of judgment : 29.01.2014
Advocates appearing in the case :-
Sh. Pankaj Kumar, Ld. APP for State
Sh. Pramod Kumar, Ld. Counsel for accused from DLSA.
JUDGEMENT U/S 355 Cr.P.C.:
a) Date of offence :
b) Offence complained of : U/S 498-A IPC
c) Name of complainant : Smt. Kamla Devi
d) Name of accused, his parentage, : Bhandari Ram
S/o Late Sh. Gurucharan
R/o C-4, JJ Colony,
Bharat Vihar, Sector-15,
Dwarka,
New Delhi
e) Plea of accused : Accused is falsely implicated.
f) Final order : Accused is acquitted.
BRIEF FACTS OF CASE OF PROSECUTION ARE AS FOLLOWS:
1. In the present case, accused Bhandari Ram has been charged for offence u/s 498-A IPC on the ground that during subsistence of his marriage with complainant Smt. Kamla Devi, he committed cruelty upon complainant in connection with demand of dowry.
2. Prosecution has examined five PWs on its behalf to prove its case FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 1/7 against accused. PW1 is Smt. Kamla Devi i.e. wife of accused Bhandari Ram. She stated that she was married to accused Bhandari Ram around 30 years back and she has six daughters from the wedlock. She stated that they have been residing in Delhi for last 2 years and her husband is a painter and she works as maid in various houses. She further stated that her husband used to assassinate her character as well as character of her daughters and used to abuse and beat her up without any reason or without any fault. She further stated that her husband did not allow to visit her relatives and if she went to her relatives, her husband wanted to move complaints to the police against her and she was called in police station number of times. She has stated that thereafter, she moved complaint before CWC which is Ex.PW1/A. She further stated that her husband used to threaten to evict all of them from the jhuggi which is in his name and he never gave money for her maintenance and for maintenance of her daughters. In her cross-examination by Ld. Defence Counsel, she admitted that she is residing with her husband. She further admitted that she had not given any document regarding her medical treatment to the police.
3. PW2 is Kumari Chandni, PW3 Kumari Sonia and PW4 is Kumari Rukshar i.e., all the daughters of complainant and accused and all of them deposed on same lines as their mother. PW2 stated that she is residing with her parents and she has completed 12 th class and is working as a Receptionist at Devi Dental Hospital, Dwarka Mod, New Delhi. She further stated that her father abuse her and her mother and sisters daily and also beats them up and is not providing any maintenance to them and also restricts their movement outside and does not allow them to talk to anybody and keeps on moving false complaints to FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 2/7 police against them since he is of very suspicious nature.
4. In her cross-examination by Ld. Defence Counsel, PW2 admitted that her father is residing with them and he had never asked her not to go to her job. The evidence of other witnesses is also of same lines and need not to be repeated for sake of brevity and to save precious time of Court.
5. PW5 is IO SI Nanag Ram who stated that on 11.04.2013, after lodging of FIR Ex.PW5/A, investigation was handed over to him and he also collected inquiry papers of the case and visited the house of complainant Kamla Devi and recorded her statement and statement of her daughter and applied before the ACP for arrest of accused vide application Ex.PW5/B and arrested accused Bhandari Ram vide memo Ex.PW5/C and conducted his personal search and recorded his statement vide memos Ex.PW5/D and Ex.PW5/E respectively. He correctly identified accused in court. In his cross-examination by Ld. Defence Counsel, he admitted that no medical examination of complainant was performed.
6. After closure of PE, statement of accused u/s 313 Cr.P.C. was recorded, in which he stated that he is innocent but preferred not to lead defence evidence. Hence, final arguments were heard on last date and case was kept for order for today.
BRIEF REASONS FOR DECISION AND DECISION THEREOF
7. Perusal of evidence of all witnesses reveals that neither the complainant nor her daughters had levelled any allegations of demand of dowry FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 3/7 or cruelty or harassment in-connection-with demand of dowry against accused Bhandari Ram. The allegations are of the nature of daily quarrels between husband and wife but cruelty is not of a such nature which might have compelled the complainant to commit suicide.
Section 498-A IPC is being reproduced here for ready reference.
498-A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.-- For the purpose of this section, "cruelty" means---
(a) any wilful conduct which is of such a nature as is likely to dirve the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
8. As per definition of section 498-A IPC, two types of cruelty can be covered under the definition of offence u/s 498-A IPC: (i) cruelty or harassment in-connection-with demand of dowry (ii) cruelty must be of such a nature which is likely to may compel the woman to commit suicide or to cause grave injury/danger to her life or limb.
9. But in the present case, the cruelty is not of such extreme nature which might have compelled the complainant to commit suicide. Moreover, complainant has not been able to prove categorically and specifically what FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 4/7 amounts were demanded by the accused on which date and on which date she brought any specific amount for fulfillment of demands of accused.
10. In a case titled as Sushil Kumar Sharma Vs U.O.I & Ors. 2005(2) JCC 1193 the Hon'ble Supreme Court of India has held that to bring the case within definition of cruelty in the explanation u/s 498-A IPC, the consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established beyond reasonable doubt.
11. In another case titled as Appasaheb & ors. Vs. State of Maharastra 1 (2007), DMC 143, the Hon'ble Supreme Court of India held that giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties must be established to bring the case within definition of dowry.
12. The Hon'ble Supreme Court in case reported as Pawan Kumar & Ors. Vs. State of Haryana, I(1998) CCR 265(SC) has held that the Courts must adopt that construction which "suppresses the mischief and advances the remedy". In this case, it was held that while bringing the provision of Section 498-A IPC on the Statute book, the Legislature did not define the word "cruelty". It has been used in relation to human conduct and human behaviour. Reading of Explanation (a) of Section 498-A IPC makes it clear that it deals with cruelty arising out of willful conduct to harm the woman and that willful conduct has to FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 5/7 be of such a nature as is likely to drive the woman to commit suicide or to cause grave injury to her life, limb or health. On the other hand, Explanation (b) deals with cruelty related to demand of property or valuable security. Demand is a pre- condition to attract the provision of Explanation (b) of Section 498-A IPC.
13. In case titled as Smt. Sarla Prabhakar Waghmare Vs. State of Maharashtra & Ors. 1990(2) RCR page 18 the Hon'ble Bombay High Court has held that it is not every harassment or every type of cruelty that would attract Section 498-A IPC. Beating and harassment must be to force the bride to commit suicide or to fulfill illegal demands.
14. Similar view was taken by Hon'ble Punjab & Haryana High Court in the case titled Richhpal Kaur Vs. State of Haryana & anr. 1991(2) RCR 53 wherein it was held that if beatings are given to bride by husband and his relations due to domestic disputes and not on account of demand of dowry, offence under section 498-A IPC is not made out.
15. Hon'ble Supreme Court in another case reported as Kans Raj Vs. State of Punjab & Ors. II(2000) CCR 156(SC) has held that proximate or live link must be shown to exist between the course of conduct relating to cruelty or harassment in connection with dowry demand to cover the case u/s 498-A IPC.
16. In the present case also, the complainant and public witnesses have failed to show any live link between harassment and demand of dowry. The prosecution has failed to prove the case beyond reasonable doubt against FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 6/7 accused Bhandari Ram. Hence, the accused Bhandari Ram is given benefit of doubt and acquitted from offence u/s 498-A IPC. Personal bond and surety bond of accused stands discharged. Original documents if any be released to the authorized on proper receipt and endorsement, if any, be cancelled. File be consigned to record room .
ANNOUNCED IN THE OPEN COURT ( TYAGITA SINGH ) TODAY ON 29th January, 2014 MM-01(SW), Mahila Court FIR no. 106/13 ; PS: Dwarka North St vs. Bhandari Ram Page no. 7/7