High Court of TripuraCrl.Rev.P./93/2010dismissed

Shefal Debnath v. State Of Tripura

2015-03-20Hon'Ble Mr. Justice S. Talapatra18 pages

INTHEHIGHCOURTOFTRIPURA AGARTALA CRL.REV.P.No.93of2010. ShriShefalDebnath,

"#$% .........Petitioner -Versus- TheStateofTripura, " "&&&

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1 & ; "Consideringtheevidenceasdiscussedabove,I am of the opinion that the prosecutrix has proved the case successfully by adducing sufficient evidence for which I find nothing to interfere with the Judgment of the Ld. Court below'. [5] ) " * "

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; (2) The period of limitation shall be A (a) six months, if the offence is punishable withfineonly; (b) one year, if the offence is punishable withimprisonmentforatermnotexceeding oneyear; (c) three years, if the offence is punishable withimprisonmentforatermexceedingone yearbutnotexceedingthreeyears.

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" 1"@ " 1" &"" ; 'TheperiodoflimitationinacaseU/S498AAof I.P.C. is 3 years. The prosecutrix was deserted on 2nd July, 2002 and she filed this case on 15.08.2004. As such, the case was filed just

after 2 years and C/S was submitted on 28.02.2004 and cognizance was taken 28.11.2004. Thus, I find that the cognizance wastakenwithintheperiodoflimitation.' [6] ) " * " & " ' Rajib Neog vs. The State of Assam, 2011 CRI.L.J. 339 1 ; 54. In the case of Manju Ram Kalita, AIR 2009 SC (supp) 2056 (supra), the Apex Court observedthat: 22. "Cruelty" for the purpose of Section498AAIPCistobeestablishedinthe contextofSection498AAIPCasitmaybea differentfromotherstatutoryprovisions.

It istobedetermined/inferredbyconsidering the conduct of the man, weighing the gravityorseriousnessofhisactsandtofind out as to whether it is likely to drive the woman to commit suicide etc. It is to be established that the woman has been subjected to cruelty continuously/persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as 'cruelty' to attract the provisions of Section498AAIPC. Causing mental torture to the extent that it becomes unbearable maybetermedascruelty. 55.InthecaseofSanju@SanjaySinghSengar (2002 Cri LJ 2796) (supra), the Hon'ble Apex Courtobservedthatthewordsutteredinafitof anger or emotion cannot be said to be instigation.

InthepresentcasethoughtheP.W. 1 stated that the appellant had said that his married life could not go in that way and that his mother had asked him to look for another girl,thesaidutteringsappeartobemadeinafit of anger being emotional outburst due marital discord. Though it has been alleged that the appellant used to assault the deceased, except thesaidslappingincidentthattooonce,thereis nothingonrecordtofindthattheappellanthad repeated the same or that he had taken any steps for arranging his second marriage or divorcing the deceased.

to live without her even for two days. In my considered opinion, keeping in mind the attendingcircumstances,thehusband'srefused to allow his wife to attend the conference at Kolkata, as the single lady member, cannot be deemedtobecrueltyunderSection498AAIPC. 56.Fromtheevidenceasdiscussedabove,ithas been revealed that the appellant had given a slap on the deceased i.e. once in the breakfast table. This single act on the part of the appellant, appears to be an act done in a fit of anger as a result of emotional outburst. Therefore, this act can't amount to cruelty UnderSection498AIPC. 57. According to P.W.

9, the deceased was not allowedtoenterherresidenceonceforoneand ahalfhoursbecauseofherlatearrivalfromher office.Thereisnothingtofindthatthiswasthe regular plight of the deceased. The allegation that the deceased was required to do all the household works, in the absence of any particulars regarding the nature of the work, it cannot be ascertained that the same amounted totorture.Theallegationthattheappellantwas nottoallowtheusethetelephoneortotalkto herrelativesisnotsupportedbyherfather. 58.Thefatherofthedeceased,whodeposedas P.W. 8, clearly stated that no adverse report, regardingthemaritallife,wasreceivedbyhim.

Whathestatedwasthatthedeceasedinformed him that she was tortured by her husband, but hefailedtonarratethenatureoftorturemeted outtohisdaughter.Thatapart,P.Ws.1,2and9 alsofailedtogivedetailedparticularsaboutthe nature of the tortures committed by the appellant. The word torture is vague term. In order to hold a person guilty of committing cruelty,itisnecessarytoexamineifthealleged torture under Section498AAIPC amounted to cruelty as defined by Section498AAIPC. Therefore, the prosecution is required to state/explain the detailed particulars or nature of the alleged torture in a given case. But, as discussed above, in the present case the prosecution witnesses failed to describe the nature of the alleged torture.

Considering the totalityoftheevidenceonrecord,coupledwith thedyingdeclaration,itisfoundthattherefusal of the husband to grant permission to go to Kolkata was the only cause which led the deceasedtocommitsuicide.Thereisnothingon record to show that the appellant continuously/persistently treated the deceased with cruelty, in the close proximity of her committingsuicide.

suicide due to any cruelty on the part of her husband. If cruelty or conduct of her husband was the cause of the suicide then she would have certainly disclose the same before the Magistrate at the time of making her dying declaration. But she did not state anything regarding such cruelty or harassment. Therefore, the said dying declaration and the statementoftheP.W.8(fatherofthedeceased) inspire confidence to believe that the deceased wasnotcompelledtocommitsuicideduetoany cruelty or ill treatment on the part of the appellant." [7] !

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@ " Gananath Pattnaik vs. State of Orissa (2002)2SCC6191 "

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5 Gananath Pattnaik vs. State of Orissa,

@" ; "7. The concept of cruelty and its effect varies from individual to individual also depending upon the social and economic status to which suchpersonbelongs."Cruelty"forthepurposes of constituting the offence under the aforesaid section need not be physical. Even mental torture or abnormal behaviour may amount to crueltyandharassmentinagivencase." [8] $ & &

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; EIn the year 2001 he was a tenant for two months of my house and during his stay in my house as tenant he married one Anita Biswas. They used to stay in the ground floor and we usedtostayinthefirstfloor.Onedayatabout 11pmto12pm.atnighthearingcriesofAnita, thewifeofSefalDebnathIwokeup.Ifoundher outside the room and she complained that she wasassaultedbyherhusbandondemandofRs. Onelakhtobebroughtfromherfather'shouse. She also complained that her sakha were damagedbytheaccd.Ididnotseeanysakhaat her hands. She complained further that her husband is leading life adultery with another femaleinsidetheroom.Iaskedtheaccd.Sefal toopenthedoor.Thereaftertakingsometimes he opened.

I found another female inside that roomandthereafterIcautionedhimnottotake entry in my house with such female and thereafter I asked him to leave my house and withinfewdaysheleftmyhouse."

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@" Gopal Das Sindhi and others vs. State of Assam, AIR 1961 SC 896 " & 5

" M/s. SWIL Ltd. vs. State of Delhi & another, (2001)6SCC670

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& 1D61 JUDGE