The Jharkhand High Court recently held that a solitary incident in which a mother-in-law abused her daughter-in-law during a dispute over a pot of treacle (jaggery syrup) was insufficient to constitute cruelty under Section 498A of the Indian Penal Code (IPC) [Lakhi Devi v. State of Jharkhand]
Justice Pradeep Kumar Srivastava made the observation while setting aside an accused mother-in-law's conviction under Section 498A IPC.
In its June 30 judgment, the judge observed that Section 498A requires proof either of conduct likely to drive a woman to commit suicide or cause grave injury, or harassment linked to an unlawful demand for property or valuable security.
The Court found that the ingredients of Section 498A were not made out.
"I am of the firm view that the prosecution has miserably failed to prove the ingredients of Section 498A of the IPC against the appellant," held the Court.
The case arose from an incident in January 2001 involving Lakhi Devi and her daughter-in-law, Permila Devi, who later died of burn injuries.
According to the prosecution, Permila, who had been married for about seven years, removed a pot containing treacle (jaggery syrup) from a high shelf and placed it on the ground. Lakhi Devi allegedly abused her over the incident. The prosecution claimed that upset by the exchange, Permila set herself on fire and later died during treatment.
While undergoing treatment, Permila's statement was recorded by the police. She alleged that Lakhi Devi had subjected her to cruelty since the beginning of her marriage.
Based on this statement, police registered a first information report (FIR) against Lakhi Devi under Section 498A IPC. After Permila died, the police added the charge under Section 306 IPC and filed a charge sheet.
However, the trial court later acquitted Lakhi Devi of the charge under Section 306 IPC but convicted her under Section 498A IPC and sentenced her to three years' rigorous imprisonment.
Aggrieved by her conviction, Lakhi Devi approached the High Court.
The High Court closely examined the evidence on record. It noted that apart from the allegation that Lakhi Devi abused the deceased during the dispute over the treacle pot, the prosecution had failed to prove any other overt act of cruelty.
“In the instant case, except the allegation that on scattering the treacle on earth the mother-in-law (accused appellant) abused the deceased. No other overt act has been stated against her and there is no demonstration of any earlier instances of cruelty and harassment meted with the deceased, inspired her prolong stay about more than seven years at her matrimonial home,” the Court said.
It further found that there was no evidence of any earlier instances of cruelty or harassment. There was also no allegation of dowry demand or any unlawful demand for property.
The Court observed that several prosecution witnesses did not support the case and that the evidence on record did not satisfy the ingredients of Section 498A.
It held that the trial court had failed to properly appreciate the evidence before convicting the appellant.
Hence, the High Court set aside Lakhi Devi's conviction under Section 498A IPC and allowed the appeal.
Advocate Om Prakash appeared for the appellant.
APP Tarun Kumar appeared for the State.
[Read Judgment]