Supreme Court of India
MILIND BHAGWANRAO GOOSEversusSTATE OF MAHARASHTRA & ANOTHER
- Citation
- 2009 INSC 174
- Decided
- 12 February 2009
- Disposal
- Dismissed
- Bench
- DALVEER BHANDARI
Holding
The appellant’s conduct amounted to extreme mental cruelty and abetment of suicide, justifying conviction under Sections 498A and 306 read with Section 34, and the appeal is dismissed.
Summary
Milind Bhagwanrao Goose was convicted under Sections 498A (dowry harassment) and 306 (abetment of suicide) of the IPC for subjecting his wife Lata to extreme mental cruelty that led her to commit suicide by self-immolation on 9 October 1989. The deceased had repeatedly complained to her parents about the husband's demands for money, threats of divorce, humiliation before relatives, and constant harassment, which she detailed in a letter to her parents written just before her death. The trial court convicted the husband, a decision affirmed by the High Court. On appeal, the Supreme Court examined the letter, testimonies of the neighbour, sister, and father, and found that the evidence established a pattern of severe mental torture that compelled the victim to take her life, satisfying the elements of Sections 498A and 306 read with Section 34. Consequently, the Court held that the lower courts correctly applied the law and dismissed the appeal, ordering the appellant to surrender and serve the remaining sentence.
Issues considered
- Whether the appellant's conduct amounted to extreme mental cruelty constituting an offence under Section 498A of the IPC.
- Whether the appellant's acts constitute abetment of suicide under Section 306 read with Section 34 of the IPC.
- Whether the trial court and High Court correctly applied the law in convicting the appellant.
Legislation cited
- Indian Penal Code, 1860s. 109, s. 306, s. 34, s. 498A
Subjects
dowry harassmentmental crueltyabetment of suicidesuicideletter evidenceextreme mental crueltyconvictioncriminal law
Judgment
[2009] 2 S.C.R. 39
MILIND BHAGWANRAO GOOSE A
v
STATE OF MAHARASHTRA & ANOTHER
Criminal Appeal No 891 Of 2001
FEBRUARY 12, 2009
B
(DALVEER BHANDARI AND HARJIT SINGH BEDI, JJ.)
Penal Code, 1860 :
·1- Ss. 498A, 306 and 109 rlw s. 34 /PC - Dowry harassment
- Mental torture - Suicide by wife - Husband convicted and c
sentenced by trial court - Upheld by High Court - On appeal,
Held: The circumstances enumerated in the deceased's let-
ter to her parents and the evidence of PWs lead to a situation
where she was virtually left with no option except to take upon
extreme step of putting an end to her life - Trial court and . D
High Court correctly evaluated the entire evidence on record
' and arrived at correct conclusion - Hence no interference
called for.
The appellant and his parents were charged with of-
fences punishable under Ss.498A, 306 and 109 r/w S.34 E
IPC for dowry harassment, causing mental torture to the
deceased. Appellant was convicted and sentenced by the
trial court; his parents were acquitted. High Court upheld
·' the same. Hence the appeal.
F
Dismissing the appeal, the Court
HELD: 1. The evidence of P.W.6 (neighbour of the de-
ceased), P.W.7 (sister of the deceased) and P.W.8 (father
of the deceased) clearly lead to the only conclusion that
this was a case of extreme mental cruelty which was per- G
-1 . petuated from the point of marriage and lasted till the de-
~ · ceased had committed suicide. There cannot be any Iota
of doub.t that the extreme mental cruelty and torture com ..
39 H
40 SUPREME COURT REPORTS [2009] 2 S.C.R.
A pelled the deceased to put an end to her life. The appel-
t-
lant was wholly responsible for creating all th'e circum-
stances which led the deceased to take an extreme step
of putting an.'end t<> her life. [Para 22] [ 46-F, G]
2. Exh. 46, the letter written by the deceased to her
B
parents on 9.10.1989 immediately _before she had com-
mitted suicide, gives graphic description of the number
of instances of extreme mental torture, day in and day out.
This letter gives the impression that the appellant was de- ~-
riving sadistic pleasure in causing extreme mental torture
c to the deceased. He would leave no stone unturned to
ensure that the maximum mental torture and agony is
caused to the deceased. There is not the slightest doubt
that the circumstances which have been enumerated in
Exh. 46 and the testimony of P.Ws. 6, 7 and 8 lead to a
D situation where the deceased virtually was left -with no
option except to take an extreme step of putting an end
,
to her life. IPara 23] [ 46-H; 47-A, B] _
3. The Additional Sessions Judge and the learned
E Judge of the High Court correctly evaluated the entire evi-
dence. on record and arrived at correct conclusion. No
interference is called for. [Para 24] [ 47-E, D]
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal 1
No 891 of 2001
F
From the final Judgment and Order dated 9.3.2001 of the
High Court of Judicature at Bombay, Bench at Aurangabad in
Criminal Appeal No. 187 of 1991
~
U.U. Lalit, Nitin Sangra and Sidhesh Kotwal (for Gaurav
G Agrawal), with him for the Appellant.
-~
Sushil Karanjkar and Kailash Pandey1 (for Ravindra
Keshavrao Adsure), for the Respondent.
The Judgment of the Court was delivered by
H
MILIND BHAGWANRAO GOOSE V. 41
STATE OF MAHARASHTRA & ANOTHER
DALVEER BHANDARI, J. A
-l
1. This appeal is directed against the judgment of the High
Court of Judicature of Bombay, Bench at Aurangabad in Crimi-
nal Appeal No. 187 of 1991 dated 09.03.2001. The appellant
(original accused no. 1) and his parents (original accused nos.
2 and 3) were alleged to have committed offences punishable 8
under sections 498A, 306 and 109 read with section 34 of the
Indian Penal Code (for short 'IPQ'}. The learned llnd Additional
Sessions Judge, Beed convicted the appellant under section
~')-
A98A IPC-to suffer rigorous imprisonment for orie year and to
pay a fine of Rs.2,500/-, in default whereof to suffer further rig- c
orous imprisonment for six months. The appellant was also con-
victed under section 306 IPC to suffer rigorous imprisonment
for three years and to pay a fine of Rs.5,000/-, in default whereof
- to suffer further rigorous imprisonment for six months, Original
accused nos. 2 and 3 were, however, acquitted by the learned D
-t
llnd Additional Sessions Judge, Beed.
2. Brief facts which are necessary to dispose of the ap-
. peal are recapitulated as under :
The appellant was married to the deceased Lata on E
9.11.1987. The deceased was a highly qualified woman. She
had obtained distinction in Masters of Science (M.Sc.). She
securec:t second position in the Marathwada University in the
' .
Diploma in Business Management. She had also passed Di-
ploma in Higher Education. She was doing Bachelor of Educa- F
tion (8.Ed.) at the time of commission of the offence. She was
serving as a Lecturer in Balbhim College at Beed.
3. The deceased Lata after marriage resided with the ap-
pellant. The appellant was living in a joint family with his par- _
ents. It was not a happy marriage from its very inception. There G
-{ was constant taunting leading to mental cruelty to the deceased
by the appellant and his parents.
4, The deceased visited her parents at Pandharpur in Janu-
ary 1988. She disclosed to her parents that she was constantly
42 SUPREME COURT REPORTS [2009) 2 S.C.R.
A subjected to humiliation. The deceased again visited her par-
ents in May 1988. She again disclosed to her parents that the +
appellant and his parents used to subject her to extreme mental
cruelty and torture. She complained that the appellant asked
her not to spend her salary, otherwise he would divorce her.
B 5: She also disclosed to her parents that the appellant used·
to tell her that a number of beautiful girls were after him. She
also complained that the appellant and her father-in-law used
. to d_emand the salary from her and on refusal, both of them used __ ~
to frequently ask her to leave the house. She further told' her
c parents that her mother-in-law dispensed with the services of
maid servants and compelled her to do all that domestic work.
6. She again visited at Pandharpur on third occasion for
· the purpose of delivery in July 198a She was there from July
1988 to October 1988. She delivered a baby boy. The appel-
D
lant and the deceased took a residential quarter on rent and.
stayed there for three weeks. However, they vacated the rental
.,
premises and started residing separately on the first floor of the
ancestral house. The deceased was brought back to the an-
cestral house against her wishes.
E
7. It is an_ admitted position that the appellant was a juni9r
lawyer and not settled in practice. He used to constantly de-
mand money from the d~ceased. The appellant used to give
her threats of divorcing her even in case of slight delay in With- ;
F drawing money from the bank to be given to the appellant. Ac-
cording to the statements of Vidhya P.W.7 and Vasant P.W.8,
sister and father of the deceased respectively, and Exh. 46, itis-
abundaotly clear that the appellant constantly used to give threats
of divorce. This led to extreme mental torture to the deceased.
G 8. There was a family function Jawal ceremony (first head-
).
shaving ceremony of chJld) in August 1989 at the house of the
appellant.All guests including the parents and sisters of the de-
-ceased were invited for the. .c~remony. The-parents and sisters
of the deceased noticed ill treatment meted out by the appel-
H lant to the deceased on account of shortage of vegetable. The
MILIND BHAGWANRAO GOOSE V STATE OF 43
MAHARASHTRA & ANOTHER [DALVEER BHANDARI, J.]
appellant had humiliated and insulted the deceased in pres- A
ence of all guests and announced that he would take decision
to divorce her in that very month.
9. On 9.10.1989 at about 6:15 p.m., Vasant P.W.8, father
of the deceased, received a telegram to the effect "Lata. burnt
seriously. Do not come with Rohit for his insecurity". The tele- B
gram was signed by one Dodsay. In response to the telegram,
the parents of the deceased rushed to Beed. They reached Beed
__,_ at 2.15 a.m. on 10.10.1989. They saw the completely burnt
dead body of the deceased in the hospital.
c
10. The deceased, because of constant mental torture
caused by the appellant, decided to put an end to her life. On
9.10.1989 at about 2.30 p.m. at Dhondipura, Beed, the de-
ceased committed suicide by setting herself on fire.
11. One unknown boy informed Vidhya P.W.7 that the de- D
~ ceased had visited the· post office at 1 p.m. on 9.10.1989.
Vidhya P.W. 7 went to the post office and made enquiry. It was
found that the deceased herself had sent telegrams Exhs. 35 to
37 to her father Vasant P.W.8, to her sister Vidhya P.W. 7 and to
her parental uncle at Kolhapur. Vasant P.W.8 went to the police E
station and lodged the first information report Exh. 50 on
. 10.10.1989 at 4.00 p.m. On the basis of the first information
~ report, Crime No. 313 of 1989 was registered under sections
498A and 306 read with section 34 of the Indian Penal Code.
12. The Investigating Officer prepared inquest F
panchnamma Exh. 16 of the dead body of the deceased on
10.10.1989. He prepared spot panchnamma Exh. 29. The de-
ceased had committed suicide in the kitchen. The l.nvestigating
Officer sent'the dead body for autopsy. The autopsy was per-
formed on the dead body of the deceased on 10.10.1989. The G ·
deceased had 100% burhs. The charge s~c~t was submitted
~gainst the appellant and his parents in the Court of Chief Judi-
cial Magistrate, Beed. The learned Chief Judicial Magistrate,
Beed committed the original accused to the Sessions Court,
Beed to stand their trial. H
44 SUPREME COURT REPORTS [2009] 2 S.C.R.
A 13. The prosecution examined 11 witnesses in order to
+
prove the guilt of the accused. Sushma P.W.6 is the next-door
neighbour. Vidhya P.W.7 and ,Vasant P.W.8 are the sister and
father of the deceased respectively.
14. The defence of the appellant is that the deceased was
B a highly educated woman. She was over ambitious. She wanted
all the luxurie~pf life. However, the appellant was a junior lawyer
and not settled in the practice of law. His income was too mea-
ger to fulfill the dreams of the, deceased. The appellant admit- k-·
ted that he was demanding money from the deceased for the
c purpose of their maintenance and not for bad. vices. As per the .
appellant, the deceased was frustrated in life because her
d~eams were not fulfilled and ultimately she had committed sui-
cide.
15. In the instant case, the first information report was
D
lodged by Vasant P.W.8 which fully stands corroborated to the 1'
prosecution case. In his statement, he stated that the appellant
was constantly demanding money from the deceased and he
also prohibited the deceased from spending money even from
her salary and used to threaten her to divorce her. Vasant P.W,8
E further stated in his statement that the appellant used to con-
tinuously demand money and in case of delay in payment, he
used to scold her. Vasant P.W.8 stated that at the time of Jawal
ceremony in 1989, the appellant scolded the deceased because !
of shortage of vegetable and food in the presence of everyone.
F Vasant P.W.8 also stated about letter Exh.46 and identified the
writing of the deceased.
16. Exh. 46 is a letter written by the deceased to her par-
ents on 9.10:1989, just before she had committed suicide. The
deceased wrote in the letter that she was an unlucky girl. She
thought that she would have some moments of happiness, but it ,..
was not possible because of the nature of her husband (the
appellant herein). She mentioned that on the last day and night,
the appellant had quarrelled with her and in the morning the
appellant cursed the father of the deceased. She stated that
MILIND BHAGWANRAO GOOSE V STATE OF 45
MAHARASHTRA & ANOTHER [DALVEER BHANDARI, J.]
the appellant had gone to the extent of saying that since she A
-t was so proud of the influence of her father, she should live with
her father in matrimony and also said many things of that sort.
She specifically stated that the appellant had harassed her so
much that it would not be possible for her to live with him a~ny
more. She further stated in the letter that it is one thing of not B
earning money and another to frequently dishonour and to give
trouble to the deceased and her son Rohit.
J_, 17. She stated in the letter that the appellant deliberately
twisted the leg of Roh it (his small son) and broke his bone. She
also stated in the letter that the appellant did so because he c
had a brother Arvind who was physically handicapped and he
wanted Roh it to be like Arvind and also because the deceased
loved her son Rohit intensely. She stated in the letter that the
appellant had unusual attraction towards other girls, particularly
towards deceased's sister Asha, Sushma, Sandhya, sister of D
Charuhas, wife of Anil Pangrikar. The deceased wrote in the
letter that the appellant, in order to torture and mentally harass
her, used to say that these girls had good physical figures and
looked beautiful. The deceased also stated in the letter that the
appellant used to say that there would be a row of girls now for E
·-·' marriage with him. These comments led to severe mental tor-
tu re:
18. She requested her parents to take care of her minor
k
son Roh it and wanted that there should not be a shadow of the
appellant on Roh it. F
19. This letter is indeed very emotional and was written in
extreme distressing mental condition. This letter clearly dem-
onstrates that the deceased was so much mentally tortured by
the appellant that she had decided to put an end to her life.
G
~ 20. The accused persons were tried ~.;~ offences punish- ·
able under .sections 498A and 306 IPC. The learned llnd Addi-
tional Sessions Judge, Beed relied on the evidence of Sushma
P.W.6 (neighbour), Vidhya P.W.7 (sister) and Vasant P.W.8 (fa-
ther) of the deceased respectively. After careful scrutiny of the H
\
46 SUPREME COURT REPORTS [2009) 2 S.C.R.
~
A entire evidence, the learned llnd Additional Sessions Judge ac-
quitted accused nos. 2 and 3, but convicted accused no. 1 un- +
der section 498A IPC and;sentenced him to suffer rigorous im- ~
prisonment for one year and to pay a fine of Rs.2,500/-, in de-
fault of payment to fine to further undergo rigorous imprison-
B ment for six months. The appellant was also convicted under
~
section 306 IPC and was sentenced to three years' rigorous
imprisonment and was also directed to pay a fine of Rs.5,000/
-, in default of which to further undergo rigorous imprisonment
for six months. +--
c 21. The appellant, aggrieved by the judgment of the learned
llnd Additional Sessions Judge,· Beed, preferred an appeal v
before the High Court of Bombay at Aurangabad Bench. The
High Court correctly analyzed the entire evidence on record and
came to a clear finding that the prosecution has established the
D guilt of the appellant beyond reasonable doubt. The appeal -filed
by the appellant was dismissed and the order of conviction and
sentence passed by the Learned nnd Additional Sessions
Judge, Beed was confirmed. The appellant, aggrieved by the
judgment of the High Court, preferred this appeal. .
E 22. The concurrent findings were found against the appel-
lant, however, in the interest of justice, we again carefully exam-
..
-
,.
ined the entire evidence and documents on record. The evi-
dence of Sushma P.W.6 (neighbour of the deceased), Vidhya
~
P. w~ 7 (sister of the deceased) and Vasant P.W.8 (father of the
F deceased) clearly lead to the only conclusion that this was a
case of extreme mental cruelty which was perpetuated from the ~
point of marriage and lasted till the·.deceased had committed
suicide. There cannot be any iota of doubt that the extreme men-.
tal cruelty and torture compelled the deceased to put an .end to
G her life. The appellant was wholly responsible for creating all
~
the circumstances which led the deceased to take an extreme
,•
step of putting an end to her life. l
23. Exh. 46, the letter written by the deceased to her par-
ents on 9.10.1989 immediately before she had committed sui-
H
!---
I
l
MILIND BHAGWANRAO GOOSE V STATE OF 47
MAHARASHTRA & ANOTHER [DALVE~R BHANDARI, J.]
cide, gives graphic description of the number of instances of A
extreme mental torture, day in and day out. This letter gives the
impression that the appellant was deriving sadistic pleasure in
causing extreme mental torture to the deceased. He would
leave no stone unturned to ensure that the maximum mental tor-
ture and agony is caused to the deceased. We do not find the B
slightest doubt that the circumstances which have been enu-
merated in Exh. 46 and the testimony of P.Ws. 6, 7 and 8 lead
to a situation where the deceased virtually was left with no op-
tion except to take an extreme step of putting an end to her life.
24. In our considered view, the learned llnd Additional Ses- C
sions Judge and the learned Judge of the High Court correctly
evaluated the entire evidence on record and arrived at correct
conclusion. No interference is called for. The appeal being de-
void of any merit is accordingly dismissed.
D
25. Consequently, the bail bond of the appellant are can-
celled. The appellant is directed to surrender forthwith to serve
out the remaining sentence.
G.N. Appeal dismissed.
-I
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