Section 498A: Karnataka High Court convicts husband, mother-in-law who subjected woman to cruelty for giving birth to mentally disabled girls

A deceased woman's mother-in-law, sister-in-law and husband were convicted by the Karnataka High Court for subjecting the woman to cruelty after she gave birth to two girls with mental disabilities [State of Karnataka v. Mahadevamma and Ors]..The Court, however, upheld the trial court's decision to acquit the three accused of the murder of the woman, who had set herself ablaze..The Division Bench of Justices B Veerappa and S Rachaiah found the three accused guilty under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) and sentenced them to one year in prison. "It is clear from the evidence...that the accused used to constantly harass and used to give mental and physical torture to the deceased on the ground that she gave birth to two female mentally retarded children. Unfortunately the husband who is duty bound to protect his wife has assaulted her by kicking on her stomach and back," the judgment stated. They were found not guilty of murder as the doctor-witness had deposed that the burns of the victim were suicidal, and the case sheet indicated the same..On the basis of the victim's dying declaration, a case was registered against the three accused under Sections 498A and 302 (murder), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC)..It was the case of the prosecution that the husband married the victim 6 years earlier, after which she gave birth to two female children with mental disabilities. After their birth, the three accused started torturing the victim, saying she has given birth to girls and subjected her to mental and physical cruelty. One day, when the victim asked her husband for money for the house, he started abusing her and assaulted her. After a few minutes, the mother-in-law and sister-in-law came to her house and started verbally abusing her. They then brought a can of kerosene, allegedly poured it on her and set her on fire using a matchstick. When the victim started screaming, the husband tried to extinguish the flame by pouring water on her. She was taken to the hospital, where she succumbed to her injuries a few days later, it was submitted. .The Sessions Judge found that the prosecution had failed to prove that the three accused harassed the victim and murdered her, and acquitted all of them. A criminal appeal was then filed by the State before the High Court..The High Court, while considering the case, noted that it was an undisputed fact after the marriage, two specially-abled female children were born, after which the victim was harassed by the accused. This was evident from the statement of the victim and other witnesses, proving beyond reasonable doubt that that the three accused committed an offence under Section 498A of the Indian Penal Code. .The assault on the deceased victim was proven by the prosecution. However, the prosecution had failed to prove that the death was a homicide, as the doctor-witness had deposed that it was a suicidal death. .The High Court held that the dying declaration of the victim could not be used to convict the accused for murder. However, harassment and cruelty had been proven. It thus allowed the criminal appeal in part and accordingly convicted the accused under Sections 498A. The mother-in-law and sister-in-law were also convicted under Section 504 (Intentional insult with intent to provoke breach of the peace). The husband was convicted under Section 323 (voluntarily causing hurt).Considering the fact that the mother-in-law is 70 years old, and the two children with mental disabilities are residing with the three accused, the Court sentenced all three to one year of imprisonment and a fine of ₹20,000 each..Additional State Public Prosecutor Vijaykumar Majage represented the State and Advocate CN Raju represented the accused. .[Read Judgment]