In a recent ruling, the Jharkhand High Court has taken a significant stance, declaring that withholding necessary medical treatment from a spouse to exert pressure for dowry amounts to cruelty as defined in Section 498A of the Indian Penal Code (IPC). The decision, made by Justice Ambuj Nath, upholds the conviction of Sanjay Kumar Rai, who was found guilty of subjecting his wife, Neelam Devi, to cruelty while she battled cancer.
The court's judgment emphasized that denying proper medical care to one's spouse in an attempt to enforce dowry demands falls under the legal definition of cruelty outlined in Section 498A of the IPC. It applauded the decisions of both the trial court and the appellate court in establishing the guilt of Sanjay Kumar Rai, also known as Sanjay Kumar Roy, for subjecting Neelam Devi to cruelty in pursuit of dowry.
The case in question encompassed three criminal revision pleas. The first plea was filed by Sanjay Kumar Rai, challenging his conviction under Section 498A of the IPC. The second plea came from Neelam Devi, the informant and wife, later represented by her father, Ram Kripal Singh, following her unfortunate passing. She contested the acquittal of her in-laws, namely Sulochana Devi, Manju Devi, and Anju Devi, as per the magistrate court's decision in December 2010. The third plea was submitted by the informant's father, challenging the acquittal of the victim's brother-in-law, Bhageshwar Roy.
The case originated from a written report filed by Neelam Devi, who alleged mistreatment by her in-laws in the absence of her husband. She claimed that her husband, Sanjay Kumar Rai, demanded a car as dowry and subsequently drove her away from their matrimonial home. She further asserted that her in-laws later coerced her into signing blank papers. Neelam Devi specifically stated that she was subjected to torture due to dowry demands and that her husband refused to provide cancer treatment, citing insufficient dowry from her father.
After a thorough review of evidence, witness testimonies, and case details, the High Court concluded that Sanjay Kumar Rai had indeed failed to provide necessary medical assistance to his wife. Consequently, the Court upheld the verdict of the lower courts, finding him guilty under Section 498A of the IPC for subjecting his wife to cruelty.
Regarding the relatives of the husband, the Court observed that the victim's allegations against her in-laws and brother-in-law were broad and vague, lacking specific details about the mistreatment she suffered. Furthermore, there was no substantial evidence presented to prove the time and manner in which she had been subjected to torture. As a result, the High Court upheld the acquittal of the in-laws.
The petitioners were represented by Advocates Sanjay Kumar and Atanu Banerjee, while Advocates Arup Kr Dey, Fahad Allam, and Ravi Prakash represented the respondents in this legal matter.
Click Here to: Download/View Related File
TAGS: Jharkhand High Court cruelty ruling dowry dispute Section 498A IPC Sanjay Kumar Rai Neelam Devi medical assistance conviction acquittal mistreatment evidence legal case.
