"There Is Pain In Being A woman, But There Is Pride In It Too"; Bombay HC Corrects "Erroneous" Acquittal In A 20 Yr Old 498-A Case [Read Judgment]

The Bombay High Court on Wednesday upheld the conviction of one Mandakini, mother-in-law of deceased Vaishali, who committed suicide by consuming insecticide 21 years ago. Court also concluded that Vaishali's husband Dinesh was guilty under Section 498 A of IPC and afforded him an opportunity of hearing on the point of sentencing.

Division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre dismissed the appeal filed by accused Mandakini and also the appeal filed by State seeking enhancement of sentence.

The judgement authored by Justice Dangre quotes Mary Pauline Lowry of the United States, who is known as an advocate for ending violence against women-
"There is pain in being a woman, yes but there is pride in it too."

Further-

"The deceased Vaishali suffered the pain but did not survive to experience the pride of being a woman - a creator, born to create and before this, she exited the world by extinguishing the flame of her life."

Vaishali married Dinesh on May 8, 1998 and almost six months later on November 4 put an end to her life by consuming Dunet methanol in form of an insecticide and she succumbed to death on November 11.

Case Background

Vaishali's father Dada Saheb lodged a complaint on the very same day on the basis of which, the FIR came to be registered. He alleged that his daughter had complained about the cruel treatment inflicted on her by her mother-in-law Mandakini, her sister-in-law Rupali and Dinesh.

The complainant stated that his daughter had informed him that she was subjected to harassment by her mother-in-law on account of the fact that she never wanted her son to marry her. Also, Vaishali told her parents that her mother-in-law has demanded Rs.2 lakhs and that she was being subjected to both physical and mental cruelty by the three accused. It was further alleged that an amount of Rs.12 lakhs had been spent on Vaishali's marriage by her parents, apart from a Maruti car that was given to the groom Dinesh.

On November 4, 1998, the Dada Saheb and his family members were informed that Vaishali was admitted in Pooja Hospital, Hadpasar and when they visited the hospital, she was found in an unconscious condition and on enquiry from Dinesh it was revealed that Vaishali had a verbal altercation with his mother and sister Rupali on the previous night and as a consequence of the said fight, she had consumed the insecticide. Based on this information, FIR was registered under Section 498-A, 304B and 306 IPC.

Post-mortem report revealed that death was indeed due to methanol poisoning and upon conclusion of investigation the investigating officer added Section 302 IPC in the charge sheet.

Additional Sessions Judge, Pune acquitted all the accused of the offences punishable under Sections 302 and 304-B IPC. Mandakini was convicted under Sections 498-A and 306 IPC and sentenced to one year and three years respectively.

Judgement

After examining the said judgement in detail, Court noted-

"We have perused the judgment of the trial court and note that the Sessions Judge has grossly erred in not considering the evidence brought on record as against A-1 Dinesh, husband of the deceased, who was also party to the ill-treatment inflicted to the deceased. The prosecution witnesses have consistently maintained the stand that the deceased was subjected to harassment at the hands of her mother-in-law and her husband Dinesh and she was subjected to physical and mental cruelty at the hands of accused persons."

Justice Dangre further observed-

"The evidence unerringly establishes the enormity of callousness inflicted and silently borne by Vaishali and it gave birth to a conviction that there is no sunlight, pasturage or meadow to be found in her life. The negative thoughts propelled by the brutality and bestiality inflicted by the mother-in-law and the silence of the husband and his participation along with the mother-in-law subjecting her to physical and mental torture and the risk of certainty of grave injury and danger to her life, limb and health, battered Vaishali and she chose to take the extreme step.

The husband, the only son to whom Vaishali was married played a positive role in the harassment of Vaishali which drove her to commit suicide and this willful conduct of the husband has escaped the attention of learned Sessions Judge, who has acquitted him of the offence punishable under Section 498-A IPC."

Finally, dismissing both the appeals, Court said-

"Being satisfied that Accused No.1 Dinesh, the husband, who was erroneously acquitted by the trial court of the offence punishable under Section 498-A IPC and for the reasons which we have recorded above, we issue notice to Accused No.1 - Dinesh for affording him an opportunity of hearing on sentence and direct listing of appeal on Friday i.e. on 05th September, 2019." 

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