Brief Facts
- As per the case of the prosecution, a complaint was lodged by PW-1 Ramathilagam, mother of the victim therein alleging that all the accused her son-in-law, his mother, her daughter and father-in-law were harassing the deceased and she was subjected to torture/cruelty for want of jewels. It was alleged that due to which her daughter had immolated herself. She was taken to the hospital, however, she succumbed to the injuries. All the accused were charged for the offences under Sections 498A and 306 IPC. The Trial Court convicted all the accused for offence under Section 498-A and 306 IPC. However, the High Court acquitted all the accused persons except the mother-in-law, who was convicted for offence under section 498-A of IPC with the punishment of RI of one year.
Issues
- Role of mother-in law in the cases pertaining to the allegations of cruelty against daughter-in-law under Section 498-A of IPC.
Held
- When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable. In the present case, even the husband of the victim was staying abroad. The victim was staying all alone with her in-laws. Therefore, it was the duty of the appellant, being the mother-in-law and her family to take care of her daughter-in-law, rather than harassing and/or torturing and/or meting out cruelty to her daughter-in-law regarding jewels or on other issues. Therefore, as such, no leniency is required to be shown to the appellant in this case. There must be some punishment for the reasons stated hereinabove.
- However, considering the fact that the incident is of the year 2006 and at present the appellant is reported to be approximately 80 years old, in the peculiar facts and circumstances of the case, as a mitigating circumstance, we propose to reduce the sentence from one year R.I. to three months R.I. with fine imposed by the Trial Court to be maintained.
Relevant Para No.
- 7, 8 & 9