Denying Medical Aid for Dowry is Cruelty Under IPC Section 498A: Jharkhand High Court
The Jharkhand High Court recently ruled that not providing proper medical aid to a wife to enforce dowry demands amounts to cruelty under Section 498A of the Indian Penal Code (IPC).
A bench led by Justice Ambuj Nath upheld the conviction of Sanjay Kumar Rai, finding him guilty of committing cruelty against his wife under Section 498A IPC.
The case involved three criminal revision pleas. The first was filed by the victim Neelam Devi, later represented by her father Ram Kripal Singh after her death. The second plea was from Neelam Devi’s husband, Sanjay Kumar Rai, challenging his conviction under Section 498A IPC. The third plea was from Neelam Devi’s father, challenging the acquittal of her brother-in-law, Bhageshwar Roy, under the same section.
The prosecution was based on Neelam Devi’s written report, which detailed her marriage to Sanjay Kumar Rai in June 2006 and the subsequent torture she endured from her in-laws in her husband’s absence. She reported that her husband demanded a car and drove her away from their home when she couldn’t fulfill this demand. She was also forced to sign blank papers and tortured over dowry demands. Additionally, when diagnosed with cancer, her husband refused to provide medical treatment, citing insufficient dowry from her father.
The Court reviewed evidence and witness testimonies, noting general and vague statements about the torture by the in-laws, with no specific injuries sustained by the victim from these parties. Therefore, the prosecution could not substantiate claims against them, and the High Court upheld their acquittal.
Regarding Bhageshwar Roy’s acquittal, the Court noted the vague nature of the allegations against him and upheld his acquittal as well.
However, in the case of Sanjay Kumar Rai, the Court agreed with the Trial and Appellate Courts’ findings of guilt under Section 498A IPC for subjecting Neelam Devi to cruelty by denying her medical aid to enforce dowry demands. Consequently, his conviction was upheld, and his revision plea was dismissed.
Case Title: Ram Kripal Singh vs. The State of Jharkhand and others along with connected revision petitions
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