Hon’ble High Court of Karnataka held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.
From Para 14,
Assuming for the purpose of argument that the evidence on record as referred to by the learned Sessions Judge indicated that the appellant was beating the deceased under intoxication of liquor, there is no indication that such beating was with a view to force the deceased either to commit suicide or to cause grievous injury to her life, limb or health. It is not the say of any of the witnesses that the deceased at any point of time attempted to commit suicide or to cause grave injury to herself. Therefore, the torture of physical beating by the appellant as spoken to by the witnesses cannot be treated as ‘cruelty’ within the meaning of Clause (a) of Explanation to Section 498-A to find him guilty for the said charge.
Read the Para 16 too. It nails the prosecution case.
Appanna @ Laxmaiah Vs The State of Karnataka on 12 September, 2012
The landmark judgment of High Court of Bombay is available here.
Shades of Knife
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