1.

Whether the act of the accused amounts to cruelty u/s 498A and 34 of IPC

The state humbly submit before the Learned Session Court,

That, as per section 216 of Cr.P.C., 1973 Court is at discretion to alter the charges at any
stage before judgment, and in accordance to which, the prosecution would request the court
to alter the charge sheet and add section 498A and 34 of IPC, 1860.
The Above Section Explains as:

Sec 498A.. Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such woman
to cruelty shall be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine.

Explanation- For the purpose of this section, "cruelty" means-

(a) any wilful conduct which is of such a nature as is likely to 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

(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.

In the case of ‘Inder Raj Malik vs. Sunita Malik , it was held that the word ‘cruelty’ is
defined in the explanation which inter alia says that harassment of a woman with a view to
coerce her or any related persons to meet any unlawful demand for any property or any
valuable security is cruelty.

Sec 34. Acts done by several persons in furtherance of common intention

When a criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him alone.
That, in furtherance of afore-stated section, the acts of the accused persons is liable to be
punished on reasonable grounds, that, the Chandan Lal and his parent subjected the
deceased ( Sameera) to cruelty. Here Cruelty includes mental torture as per explanation of
section 498A of IPC, 1860.

The deceased was always subjected to mental torture which is evident from the below-
mentioned facts.

a. The Chandan Lal and his parents , who is highly ambitious of expanding his
economical resources, persistently demanded from the deceased and her parents of
Rs. 2 lakhs, share of property within three years of marriage. At the later time the
deceased parents promised to give Chandan Lal a two wheeler.
b. Due to the non fulfilment of demands, Chandan Lal and his mother started harassing
her again and she was physically tortured, mentally abused and kept locked in a room.
Thus not fulfilling the marital obligations.
c. In Furtherance of non fulfilment of the demands of Chandan Lal, The deceased
Sameera went to her parental home to get the dowry. Her parents could give her only
half the amount and she came back to her matrimonial home with that and gave it to
her in laws.

That, in Pradeep Kumar v. State Of Haryana , “(where demand of Rupees 1 Lakh for
running a piggery farm—and consequent harassment meted out to deceased for non-
fulfillment thereof proved vide testimonies of PWs 6 and 8 (mother and father of deceased
respectively) and later part of the dying declaration)— Held conviction of accused husband
under section 498-A sustainable.”

Whereas Chandan Lal’s mother have equally participated and supported the acts of Sameera
as it is very clear from the fact that Sameera’s mother in law and his relatives kept silent and
never asked Chandan Lal to cooperate with the deceased; which paves a clear way,
indicating the unlawful intention of Sameera’s mother in law for pursuing their illegal
demands. And also Chandan Lal bet Sameera before his relatives and neighbours.
Here the accused have committed the offence under Indian Penal Code of Section 34. Acts
done by several persons in furtherance of common intention
When a criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him alone.

Mr. V.Balu vs Mr.R.Ravichandran,

The revision petitioner/A1, stood charged for the offence under Section 498A r/w.34, 420
r/w. 34, 406 & 506(ii) IPC, Section 4 and 6 of Dowry Prohibition Act, A2 to A4 stood
charged for the offences under Sections 498A r/w.34, 420 r/w.34, and Section 4 of Dowry
Prohibition Act, A5 stood charged for the offences under Sections 498A r/w.34, 420 r/2.34
IPC, Section 4 of Dowry Prohibition Act . he trial Court, by judgment dated 20.08.2013,
convicted A1 for the offences under Sections 498A and 406 IPC and sentenced to undergo
rigorous imprisonment for 2 years and to pay a fine of Rs.5000/-, in default, to undergo
simple imprisonment for 6 months for the offence under Section 498A IPC, and to undergo
rigorous imprisonment for one year and to pay a fine of Rs.5000/-, in default, to undergo
simple imprisonment for 6 months for the offence under Section 406 IPC, and acquitted him
for the offence under Sections 420 r/w.34.

Here the council humbly submit by stating that Chandan Lal and his mother has committed
offence under Sec 498A R/w Section 34 of Indian Penal Code and also refused her by stating
that if she goes to her parental house she shouldn’t return back to her matrimonial house. As
such contention given by the Chandan Lal and his mother was threatening her she refused to
go to her parental house. This leads to the cruelty and mental and physical torture to Sameera
the deceased. And also Starvation led to deterioration towards health issue and caused death.
Hence for the aforesaid reasons Chandan Lal and his mother should be charged with Section
498A read with the Section 34 of Indian Penal Code,1860.
2. Whether the act of the accused amounts to domestic violence under the Protection Of
Women From Domestic Violence Act 2005?
The defendant committed the domestic violence under Sec 3 (I) (II) (iii) under Domestic
Violence Act 2005,
Explanation of the Section :
Definition of domestic violence.-For the purposes of this Act, any act, omission or
commission or conduct of the respondent shall constitute domestic violence in case it -
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental
or physical, of the aggrieved person or tends to do so and includes causing physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her
or any other person related to her to meet any unlawful demand for any dowry or other
property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
Explanation I.-For the purposes of this section,-
(i) "physical abuse" means any act or conduct which is of such a nature as to cause
bodily pain, harm, or danger to life, limb, or health or impair the health or development
of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of woman;
(iii) "verbal and emotional abuse" includes-
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to
not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested.

As stated in above Section 3 of Domestic Violence Act 2005 the Sameera was beaten and
was kept locked in the room by physical and mental torture in the case of Bhartiben
Bipinbhai Tamboli V State of Gujarat and Ors it elaborated on the types of abuse or
domestic violence under the Act. Also Chandan Lal sexually abused her without her consent
at during the time of poor health condition this act leads to physical and sexual abuse. This
led her health condition critical and at the time of Sameera second delivery she was resulted
to death. At the time of post-mortem and the report stated Sameera weighed only 20 kgs at
the time of her death.