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Supreme Court of India

K.V. PRAKASH BABUversusSTATE OF KARNATAKA

Citation
2016 INSC 1051
Decided
22 November 2016

Holding

An extra‑marital relationship or mere suspicion thereof does not, per se, amount to the mental cruelty contemplated in Section 498‑A IPC, nor does it satisfy the requirement of abetment under Section 306 IPC, and thus the convictions under those sections must be set aside.

Summary

The appellant, K.V. Prakash Babu, was convicted under Sections 498‑A and 306 of the IPC for the suicide of his wife, who allegedly suspected him of an extra‑marital affair. The prosecution alleged that the husband's alleged relationship and the resulting suspicion constituted mental cruelty that drove the wife to kill herself, and that this amounted to abetment of suicide. The Supreme Court examined whether an extra‑marital relationship or mere suspicion thereof satisfies the definition of "cruelty" under Explanation (a) to Section 498‑A and whether it can be treated as abetment under Section 306. The Court held that such conduct, without concrete evidence of actual mental cruelty, harassment, or dowry demand, does not meet the statutory threshold and the presumption under Section 113‑A cannot be invoked. Consequently, the convictions under Sections 498‑A and 306 were set aside and the appellant was released.

Issues considered

  • Whether an extra‑marital relationship, by itself, constitutes "cruelty" under Explanation (a) to Section 498‑A IPC.
  • Whether suspicion of an extra‑marital affair can be deemed mental cruelty sufficient to drive a woman to commit suicide under Section 498‑A.
  • Whether the alleged conduct amounts to abetment of suicide under Section 306 IPC.
  • Whether the presumption under Section 113‑A of the Evidence Act applies in the absence of direct proof of cruelty.
  • Whether a dowry demand is required to attract the provisions of Section 498‑A.

Legislation cited

Subjects

mental crueltyextra-marital relationshipSection 498-ASection 306suicideabetmentdowry prohibitionpresumptionEvidence Act 113-A

Judgment

                        [2016] 11S.C.R.509



                      K.V. PRAKASH BABU                                  A
                                  v.
                     STATE OF KARNATAKA
             (Criminal Appeal Nos. 1138-1139 of2016)
                       NOVEMBER 22, 2016                                 B
           [DIPAK MISRA AND AMITAVA ROY, JJ.]
      Penal Code, 1860:
       ss. 498-A and 306 - Cruelty - Mental cruelty - Extra-marital
relationship if 'cruelty', amounting to abetment leading to the act      c
of suicide -Appellant's wife on suspicion of husband's extra-marital
affair committed suicide - Trial court convicted appellant u/s.498-A -
High Court upheld conviction uls.498-A and also found appellant
guilty uls.306 - Held: Under s.498-A, the emphasis is on any wilful
conduct which is of such a nature that is likely to drive a woman to     D
commit suicide - It is associated with mental cruelty that can drive
a woman to commit suicide - Mental cruelty varies from person to
person depending upon the intensity an.d the degree of
endurance - Solely because the husband is involved in an extra-
marital relationship and there is some suspicion in the mind of wife,
that cannot be regarded as mental cruelty - An extra-marital             E
relationship, per se would not come within the ambit of s.,;/98-A -
On facts, no kind of cruelty or ill-treatment by the husband being
meted out to the wife has been proved - The wife was guided by the
rumour that aggravate'd her suspicion which has no boundary -
Such an event will not constitute the offence or establish the guilt     F
of the accused-appellant uls. 306 - Prosecution failed to prove the
charge u/s. 498A and the fact that the said cruelty induced the wife
to commit suicide -Appellant~· conviction u/ss. 306 and 498-A set
aside - Dowry Prohibition Act, 1961 - s.3.
      s.498-A, Explanation (a) - 'Cruelty' - Mental cruelty-Ambit        G
of - Held: Mental cruelty engraved in the first lin.1b of s.4<J8~A-has
nothing to do with the demand of dowry and has to be of such
nature as to drive a woman to commit ·suicide.
      Evidence Act, 1872: s.113-A - Presumption under - Held:
                                                                         H
                                 509
510            SUPREME COURT REPORTS                      (2016] 11 S.C.R.


A     Said provision enables the Court to draw presumption in a particular
      fact situation 1i1hen necessary ingredients in order to attract the
      provision are established.
           Allowing the appeals, the Court

B           HELD: 1.1 On a studied scrutiny of the evidence, it is
      demonstrable that the father of the deceased in his deposition
      had not stated anything with regard to any kind of cruelty meted
      out to the deceased except stating that she quite often complained
      to the parents about the suspicion against her husband that he
      was going to have a second marriage. The other witnesses
c     including. the investigating officer deposed that there was
      discussion in the locality about the illicit connection of the
      appellant with one lady. Barring the aforesaid, there was no
      whisper with regard to any kind of ill-treatment or cruel behaviour
      by the husband. [Para 9] [514-F-G]         ·
D           Giridhar Shankar Tawade v. State of Maharashtra
            (2002) 5 SCC 17T: 2002 (3) SCR 376; Gurnaib Singh
            v. State of Punjab (2013) 7 SCC 108 : 2013 (3)
             SCR 563 - referred to.
             L2 Under s.498-A of the IPC, the emphasis is on any wilful
 E    conduct which is of such a nature that is likely to drive the woman
      to commit suicide. The mental cruelty which is engraved in the
      first limb of Section 498-A of the IPC has nothing to d() with the
      demand of dowry. It is associated with mental cruelty that can
      drive a woman to commit suicide and dependent upon the conduct
 F    of the person concerned. [Para 13] [516-D-E]
            Pinakin Mahipatray Rawal v. State of Gujarat (2013)
            10 SCC 48 : 2013 (10) SCR 306; Ghusabhai
            Raisangbhai Chorasiya v. State of Gujarat (2015) 11
            SCC 753 : 2015 (2) SCR 594 - relied on.
 G          1.3 The concept of mental cruelty depends upon the milieu
      and the strata from which the persons come from and definitely
      has an individualistic perception regard being had to one's
      endurance and sensitivity. It is difficult to generalize but certainly
      it can be appreciated in a set of established facts. Extra-piarital
H     n~lationship, per se, or as such would not come within the ambit
                       .     .
       ·K.V. PRAKASH BABU v. STATE OF KARNATA,K,\                        511


of Section 498-A IPC. It would be an illegal or immoral act, but          A
other ingredients are to be brought home so that it would
constitute a criminal offence. There is no deniai of the fact that
the cruelty need not be physical but a mental torture or abnormal
behaviour that amounts to cruelty or harassment in a given case.
It will depend upon the facts of the said case. To explicate, solely
                                                                          B
because the husband is involved in an extra-marital relationship
and there is some suspicion in the mind of wife, that cannot be
regarded as mental cruelty which would attract mental cruelty
for satisfying the ingredients of Section 306 IPC. [Para 16] (518-
E-G)

      1.4 In the instant case, as the eyidence would limpidly show,
                                                                          c
the wife developed a sense of suspicion that her husband was
involved.in an extra-marital relationship. It had come on record
through various witnesses that people talked in the locality with
regard to the appellant's extra marital relationship. It is manifest
that the wife was guided by the rumour that aggravated her                D
suspicion which has no boundary. The seed of suspicion planted
in mind brought the eventual tragedy. But such an event will not
constitute the offence or estabHsh the guilt of the accused-
appellant under Section 306 of the IPC. Thus, it is clear that.the
prosecution hairfailed to establish the charge under Section 498A
                                                                          E
and the fact that the said cruelty induced the wife to commit
suicide. [Para 18) (519-E-F)
                       Case Law Reference
2002 (3) SCR 376                 referred to            Para 11
                                                                           F .
2013 (3) SCR563                  referred to            Para 12
2013 (10) SCR 306                relied on              Para 14
2015 (2) SCR 594                 relied on              Para 15
      CRIMINAL APPELLATE JURISDIC]'ION : Criminal Appeal                  G
Nos. 1138-1139of2016          ·        ·

      From the Judgment ai:id Order dated 13.04.2016 of the High Court
of Karnataka at Bangalore in Criminal Appeal Nos. !"26 and 655 of
2012.                                                                          . .,
                                                                          H
512            SUPREME COURT REPORTS                         [2016] 11 S.C.R.


A           S. R. Singh, Sr. Adv., Anurag Thomas, B. Vishwanath Bhandarkar,
      H. R. Naik, Karunakar Mahalik, Advs. for the Appellant.

            V. N. Raghupathy, Adv., for the Respondent.
            The Judgment of the Courfwas delivered by
B           DIPAK MISRA, J. I. Leave granted.
           2. The instant appeals reveal a factual score that has the potentiality
     to shock a sensitive mind and a sincere heart, for the materials brought
     on record show how "suspicion" can corrode the ratiOnal perception of
     value oflife and c1oud the thought of"a wife to such an exte.nt, that would
C persuade her to commit suicide which entail more deaths, that is, of the
     alleged paramour, her mother and brother who being not able to
• ·- emotionally cope up with the social humiliation, extinguish their life-spark;
     and ultimately the situation ropes in the husband to face the charge for
     the offences punishable under Sections 302 and 498-A of the Indian
D Penal Code (IPC) read with Section 3 of the Dowry Prohibition Act,
     1961('1961 Act' for short).As the facts would unveil, the husband gets
  ~. acquitted for the offence under Section 302 IPC but convicted in respect
     of other two charges by the trial court. In appeal, his conviction under ~
     Section 3 ·of the 1961 Act is annulled but success does not come in his
     way as regards the offence under Section 498-A IPC. And the misery
E does not end there since in the appeal preferred by the State, he is found '
     guilty of the offence under- Section 306 IPC and sentenced to suffer
     four years ri~oro~simprisonment and to pay a fine ofRs.50,000/- to be
     given to the father of the victim with a default c!ause.
          3. In the course ofour adumbration and analysis of facts, it will be
 F  uncurtained how the seed of suspicion grows enormously and the rumours
    can bring social dishonor and constrain not-so-thick skinned people who
 c· have bound themselves to limitless sorrow by thinking.' it j_s best gift of

    God to man" and choose to walk on the path of deliberate death. A sad
    incldent, and a shocking narrative, but we must say; eveh at the beginning,
G the appellant-husband has to be acquitted regard being had· to the evidence
    brought on record and the exposition of law in the field.               -
             4. The singular issue, as.the aforesaid passage would show, that
      arises for co_nsideration in these appeals, by special leave, that assails
      the judgment and order dated 13.04.2016 passed by the High Court of
H
       K.V. PRAKASH BABU v. STATE OF KARNATAKA                                  513
                    [DIPAK MISRA, J.]

Kamataka at Bengaluru in Criminal Appeal No. 655 of2012 whereby                  A
tho High Court has allowed the appeal preferred by the State which had
cal\od in question the legal ~coeptability of the juclgment and order passed
by the learned Additional Sessions Judge, Fast Track Court-III, District
Kolar, Kamataka, who vide judgment dated 5.1.2012 had found the
appellant guilty of the offences punjshable..under Section 498-A of the
                                                                                 B
IPC and Section 3 of the 1961 Act and sentenced him to suffer rigorous
imprisonment of one year and two years respectively with the default
clause. It is apt to note here that the appellant had also preferred Criminal
Appeal No. 126 of 2012 wherein the High Court while passing the
common judgment has opined that the prosecution has miserably failed
to establish the conviction under the 1961 Act. However, as stated earlier,      c
it found the appellant guilty of the offence under Section 306 !PC and
the resu It of such conviction was imposition of four years rigorous
imprisonment and fine ofRs. 50,000/-(Rupees fifty thousand only) with
the further stipulation that Rs.45,000/- (Rupees forty five thousand only)
be paid to the father of the deceased.
                                                                                 D
        5. The occurrence that led to launching of prosecution is that the
marriage between the appellant and the deceased, Anjanamma, was
solemenised on 12.10.1997. The appellant, as alleged, got involved with
one Deepa, daughter of one Ashwathamma inasmuch as his visit to the
house of Ashwathamma was quite frequent. As the prosecution story
proceeds, the deceased felt extremely hurt and eventually being unable .. E
to withstand the conduct of the husband who was allegedly involved in
an extra-marital affair, put an end to her life on 20'h August, 2004. An
FIR was lodged at the concerned police station by the father of the
deceased, which set the criminal law'in motion and the investigating
officer recorded statement of witnesses under Section 161 of the IPC         F
and after completing the investigation, placed the charge sheet under
Sections 201, 302 and 498-A of the IPC and Section 3 of the 1961 Act
before the concerned Magistrate who, inturn, committed the matter to
the Court of Session. The accused abjured his guilt and expressed his
intention to face trial, advancing the plea of denial and false implication.
                                                                             G
In order to establish the charges, the prosecution examined 31 witnesses
in all. The defence chose not to adduce any evidence. The main witnesses
are futher of the deceased, PW-I and the neighbours who have deposed
about the extra-marital affair of the husband and the death of the
deceased.
                                                                             H
514             SUPREME COURT REPORTS                           r20l6l l l S.C.R.


A          6. As we have already stated about the conviction and the
    punishment, the same need not be stated in detail. There is no dispute
    that the learned trial judge as well as the High Court has not found the
  . appellant guilty of the offence punishable under Section 302 of the IPC.
    The High Court has also arrived at the conclusion after detailed deliberation
    that the prosecution has not been able to establish the offence under
B
    Section 3 of the 1961 Act. However, it has found the appellant guilty of
    the offence under Sections 498-A and 306 of the IPC.
             7. It is submitted by Mr. S.R. Singh, learned senior counsel that
      the High Court has completely erred in appreciating the_ evidence to
      sustain the conviction under Section 498-A inasmuch as there is no
c     material whatsoever with regard to demand of dowry or any kind of
      torture. According to Mr. Singh, the High Court has applied the second·
      limb of Section 498-A JPC on the foundation that the involvement of the
      husband in extra-marital affair established cruelty under the said provis_ion
      and, therefore, it would be an offence under Section 306 of the JPC
D     which is.contrary to the pronouncements of this Court.
             8. Mr. V.N. Raghupathy, learned counsel appearing for the State
      had supported the judgment and order passed by the High Court by
      placing reliance on the analysis of the various facets and the scrutiny
      and scanning of the evidence of the prosecution witnesses including that
 E    of the father, the neighbours and the investigating officer.
             9. To appreciate the submissions raised at the Bar, we have
      bestowed our anxious consideration and carefully examined the decision
      rendered by the trial court and that of the High Court. On a studied
      scrutiny of the evidence, it is demonstrable that the father of the deceased
 F    in his deposition has not stated anything with regard to any kind of cruelty
      meted out to the deceased except stating that she quite often complained
      to the parents about the visit of the appellant to the house of
      Ashwathamma and that she had suspicion against her husband that he
      was going to have a second marriage. The other witnesses including the
 G
      investigating officer have deposed that there was discussion in the locality
      about the illicit connection of the appellant with one lady at Chelur Village.
      Barring the aforesaid, there is no whisper with regard to any kind of ill-
      treatment or cruel behaviour by the husband.
             10. In view of the aforesai<;I evidence, the question that emerges
H     for consideration is whether the conviction under Section 498A and 306
         K.V. PRAKASH BABU v. STATE OF KARNATAKA                                   515
                      [DIPAK MISRA, J.]

TPC is legally justiciable in this context. We think it appropriate to refer        A
to Sectiol) 498A of the IPC. The said provision reads as follows:-
          "498-A. HUSBAND OR RELATIVE OF HUSBAND OF A
          WOMAN SUBJECTING HER TO CRUELTY:
          Whoever, being the husband or the relative of the husband of a            B
          woman, subjects such woman to cruelty shall be punished with
          imprisonment for a term which may extend to three years and.
          shall also be 1iable to fine. ·
           Explanation: For the purposes of this section, "cruelty" means
           (a) Any willful conduct which is of such a nature as is likely to        c
           drive the woman to commit suicide or to cause grave injury or
           danger to life, limb or health (whether mental or physical) of the
           woman;
                                            or
                                                                                    D
           (b) Harassment of the woman where such harassment is with a
           view to coercing her or any person related to her to meet any
           unlawful demand for any property or valuable security or is on
           account of failure by her or any person related to her to meet
           such demand"
                                                                                     E
      11. The said provision came up for consideration in Giridhar
Sliankar Tawade vs. State ofMahamshtra 1, where the Court dwelling
upon the scope and purport of Section 498-A IPC has held thus:-
           "The basic purport of the statutory provision is to avoid 'cruelty'
           which stands defined by attributing a specific statutory meaning          F
           attached thereto as noticed herein before. Two specific instances
           have been taken note of in order to ascribe a meaning to the
           word 'cruelty' as is expressed by the legislatures : Whereas
           explanation (a) involves three specific situations viz., (i) to drive
           the woman to commit suicide or (ii) to cause grave injury or (iii)
           danger to life, limb or health, both mental and physical, and thus        G
           involving a physical torture or atrocity, in explanation (b) there~
           absence of physical injury but the legislature thought it fit to
           include only coercive harassment which obviously as the

 1
     (2002) s   sec 1n                                                              H
516               SUPREME COURT REPORTS                           [2016] 11 S.C.R.



A               legislative intent expressed i:; equally heinous to match the physical
                injury: whereas one is patent, the other one is"latent but equally
                serious in terms ofth.C"_provisions of the statute since the same
                would also embrance the attributes of 'cruelty' in terms of Section
                498-A."

B                                                                 remphasis addedl
            I 2. In Gurmtib Singh I'. State of Punjab 1 , while dwelling upon
      the concep'. of 'cruelty' enshrined under Section 498-A the Court has
      opined thus:-

c               "Clausc (a) of the Explanation to the aforesaid provision defines
                ''cruelty" to mean "any wilful conduct which is of such a nature
                as is likely to drive the woman to.commit suicide". Clause (b) of
                the Explanation pertains to unlawful demand. Clause {a) can
                takl' in its ambit mental cruelty."

D             13. The aforesaid analysis of the provision clearly spells how
      coercive harassment can have the attributes of cruelty that would meet
      t)le criterion as conceived ofunder Section 498-A of the IPC. Thus, the
      emphasis is on any wilful conduct which is of such a nature that is likely
      to drive the woman to commit suicide. The mental cruelty which is
      engraved in the first limb of Section 498-A of the IPC has nothing to do
E     with the demand of dowry. It is associated with mental cruelty that can
      drive a woman to commit suicide and dependent upon the conduct of the
      p.::rson concerned.
             14. In· this regard, Mr. Singh has drawn our attention to the
      authority in Pi11aki11 M(l/iip(ltrc~v R(IW(lf v. State of Guj(lral. In the
F     said case, the Court was dealing with as to whether relationship between
      the appellant and the second accused therein was extra-marital leading
      to cruelty within the meaning of Section 498-A IPC and whether that
      would amount to abetment leading to the act of suicide within the meaning
      ofSection 306 IPC. Dealing with the extra-marital relationship, the Court
G     has opined that marital relationship means the legally protected marital
      intcre5C of one spouse to another which include marital obligation to
      another like companionship, living under the same roof, sexual relation
      and the exclusive enjoyment of them, to have children, their ui:;-bringing,
      services in the home, support, affection, love, liking an<l so on, but extra-
      2   (2013): sec 108
H '(2013) 10 sec 48
        K.V. PRAKASH BABU v. STATE OF KARNATAKA                                    517
                     [DlPAK MISRA, J.]

  marital relationship as such is 11ot defined in the IPC. The Court analyzing      A
  further in the context of Section 498A observed that the mere fact that
  the husband has developed some intimacy with another woman, during
  the subsistence of marriage and failed to discharge his marital obligations,
  as such would not amount to "cruelty", but it must be of such a nature as
  is likely to drive the spouse to commit suicide to fall within the explanation
                                                                                    B
  to Section 498A IPC. The Court further elucidated that harassment need
,not be in the form of physical assault and even mental harassment-also
  would come within the purview of Section 498A IPC. Mental cruelty, of
  course, varies from person to person, depending upon the intensity and
. the degree of endurance, some may meet with courage and some others
  suffer in silence, to some it may be unbearable and a weak person may             c
  think of ending one's life. The Court ruled that in the facts of the said
  case the alleged extra-marital relationship was not of such a nature as to
  drive the wife to commit suicide. The two-Judge Bench further opined
  that:-
         "Section 306 refers to abetment of suicide which says that if any          D. .
         person commits suicide, whoever abets the commission of such
         suicide, shall be punished with imprisonment for a term which
         tr;ay extend to 10 years and shall also be liable to fine. The action
         for commi_tting suicide is also on account of mental disturbance
         caused by mental and physical cru~lty. To constitute an offence
                                                                                    E.
         u.1der Section 306, the prosecution has to establish that a person
         has committed suicide and the suicide was abetted bf the
         accused. The Prosecution has to establish beyond reasonable
         doubt that the deceased committed suicide and the accused
         abetted the commission of suicide. But for the alleged extra
         marital relationship, which if proved, could be illegal and immoral,       F
         nothing has been brought out by the prosecution to show that the
         accused-had provoked, incited or induced the wife to commit
         suicide."

                                                            [emphasis added]
                                                                                    G
         15. Slightly recently in Ghusltbfwi Rllisllngblwi C/wrasiyll v.
 Stllte o/Gujltrat', t!1e Court perusing the material on record opined that
 e_ven if the illicit 1elationship is proven, unless some other acceptable
 evidci;ce is brought on record to establish such high degree of mental

 '(2015) 11 sec 753                                                                 l-I
518            SUPREME COURT REPORTS                             [2016] II S.C.R.



A     cruelty the explanation (a) to Section 498-A of the IPC which includes
      cruelty to drive the woman to commit suicide, would not be attracted.
      The relevant passage from the said authority is reproduced below:-
              "True it is, there is some evidence aboutthe illicit relationship
              and even ifthe same is proven, we are of the considered opinion
B             that cruelty, as envisaged under the first limb of Section 498A
              IPC would not get attracted. It would be difficult to hold that the
              mental cruelty was of such a degree that it would drive the wife
              to commit suicide. Mere extra-marital relationship, even if proved,
          · · would be illegal and immoral, as has been said in Pinakin
              Mahipatray Rawal (supra), but it would take a different character
c             ifthe prosecution brings some evidence on record to show that
              the accused had conducted in such a manner to drive the wife to
              commit suicide. In the instant case, the accused may have been
              involved in an illicit relationship with the appellant no.4, but in the
              absence of some other acceptable evidence on record that can
D             establish such high degree of mental cruelty, the Explanation to
              Section 498-A whiCh includes cruelty to drive a woman to commit
              suicide, would not be attracted."

           16. The concept of mental cruelty depends upon the milieu and
    the str~ta from which the persons come from and definitely has an
E individualistic perception regard being had to one's endurance and
  . sensitivity. It is difficult to generalize but certainly it can be appreciated
    in a set of established facts. Extra-marital relationship, per .se, or as
    such would not come within the ambit of Section 498-A JPC. It would
    be an illegal or immoral act, but other ingredients are to be brought home ·
    so that it would constitute a criminal offence. There is no denial of the
F
    fact that the cruelty need not be physical but a mental torture or abnormal
  · behaviour that amounts to cruelty or harassment in a given case. It will
    depend upon the facts of the said case. To explicate, solely because the
    husband is involved in an extra-marital relationship and there is some
    suspicion in the mind of wife, that cannot be regarded as mental cruelty ·
G which would attract mental cruelty for satisfying the ingredients of Section
  . 306 IPC.           ·-

            17. We are absolutely conscious about the presumption engrafted
      under Section 113-A of the Evidence Act. The said provision enables
      the Court to draw presumption in a particular fact situation when
H
       K.V. PRAKASH BABU v. STATE OF KARNATAKA                                  519
                    [DIPAK MISRA, J.]

necessary ingredients in order to attract the provision are established.         A
In this regard, we may reproduce a passage from Pinakin
Maltipatray Rawat (supra):-
        "Criminal law amendment and the rule of procedure was
        necessitated so as to meet the social challenge of saving the
        married woman from being ill-treated or forcing to commit suicide        B
        by the husband or his relatives, demanding dowry. Legislative
        mandate.ofthe section is that when a woman commits suicide
        within seven years of her marriage and it is shown that her
        husband or any relative of her husband had subjected her to
                                                                                 . '
        cruelty as per the terms defined in Section 498-A !PC, the court
        may presume having regard to all other circumstances of the
                                                                                 c
        case that such suicide has been abetted by the husband or such
        person. Though a presumption could be drawn, the burden of
        proof of showing that such an offence has been committed by
        the accused under Section 498-A !PC is on the prosecution."
                                                                                  D
      We have reproduced the aforesaid passage only to highlight that
the Court can take aid of the principles of the statutory presumption.
       18. In the instant case, as the evidence would limpidly show, the
 wife developed a sense of suspicion that her husband was going to the
 house of Ashwathamma in Village Chelur where he got involved with                E
 Deepa, the daughter of Ashwathamma. It has come on record through
 various witnesses that the people talked in the locality with regard to the
 involvement of the appellant with Deepa. It needs to be noted that Deepa,
 being not able to digest the humiliation, committed suicide. The mother
·and the brother ·of Deepa paved the same path. In such a situation, it is
 extremely difficult to hold that the prosecution has established the charge      F
 under Section 498A and the fact that the said cruelty induced the wife to
 commit suicide. It is manifest that the wife was guided by the rumour
 that aggravated her suspicion which has no boundary. The seed of
 suspicion planted in mind brought the eventw;1l tragedy. But such an
 event will not constitute the offence or establish the guilt of the accused-
                                                                                  G
 appellant under Section 306 of the !PC.                                  '

       19. Having said that we intend to make it clear that ifthe husband
gets involved in an extra-marital affair that may not in all circumstances
invite conviction under Section 306 of the !PC but definitely that can be
                                                                                 H
520             SUPREME COURT REPORTS                         [2016] 11 S.C.R.


A      a ground for divorce or other reliefs in a matrimonial dispute under other
      .enactments. And we so clarify.
             20. Consequently, the appeals are allowed. The conviction under
      Sections 306 and 498-A of the IPC is set aside. The appellant be set at
      liberty unless his detention is required in connection with any other case.
B

      Divya Pandey                                                 Appeals allowed.




                                             '


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