Appreciation of evidence in offence u/s 498A of IPC
Section 498A the requirement of the statute is acts of cruelty by the husband of a woman or any relative of the husband. The word cruelty in common English acceptation denotes a state of conduct which is painful and distressing to another. The legislative intent thus is clear enough to indicate that in the event of there being a state of conduct by the husband to the wife or by any relative of the husband which can be attributed to be painful or distressing. The same would be within the meaning of the Section. In the instant case there is no evidence whatsoever. It is on this score Mr. Verma contended that there is no sufficient evidence for even the dowry demand far less the evidence of crueltyavailable on record. No outside person has been called to give evidence and even the witnesses being in the category of interested witnesses also restricted their version to sufferings of burn injury and the purported dying declarations to the matter as noticed herein before apart therefrom nothing more is available on record to attribute any act or acts on the part of the husband or on the part of husbands relatives is that evidence sufficient to bring home the charge under Section 498A? The answer obviously cannot be in the affirmative having regard to the non-availability of any evidence in the matter. Significantly however, upon recording of the fact of no dowry demand prior to the date of occurrence the High Court thought it fit to record that charge under Section 498A stands proved and as such passe
