For Ananta Pansare, it took a long time to get justice. Nearly 18 years after he was convicted for abetting the suicide of his second wife — allegedly subjecting her to cruelty six months after they were married because she could not cook well enough and did not pay him ₹1,000 — the Bombay High Court acquitted him of all charges and said “merely stating he used to harass her does not amount to cruelty.”
Convicted in 2000
Justice Sarang Kotwal was hearing an appeal by Mr. Pansare, a businessman, challenging the sessions court judgement passed on February 7, 2000. The court convicted him under Section 498 A (husband or relative of husband subjecting a woman to cruelty) and Section 306 (abetment of suicide) of the Indian Penal Code and sentenced him to five years in jail.
The prosecution had said that Mr. Pansare was subjecting his wife Kavita to cruelty and ill-treatment on the ground that she was not able to cook properly and did not pay him the ₹1,000 he demanded from her. Six months after her wedding, Kavita poured kerosene on herself and set herself ablaze.
The prosecution has relied on five witnesses for oral evidence, the post-mortem report that shows she sustained 96% burns, and the panchanama. Kavita’s mother’s statements reveal that Mr. Pansare had demanded ₹1,000 from her to take a room on rent, and that he used to abuse Kavita on several occasions.
Justice Kotwal said, “The prosecution witnesses have not described any specific instance or specific nature of ill-treatment. The mother of the deceased has merely stated that Mr. Pansare used to harass her because she was unable to cook properly and that he used to abuse her. This conduct by itself does not fall within the meaning of Section 498 A.”
‘Not unlawful demand’
Mr. Pansare’s conduct was not likely to drive Kavita to commit suicide or to cause grave injury or danger to her life, limb or health, the order said. The court also said, “Considering Mr Pansare’s poor financial condition, such a request for help cannot be termed an ‘unlawful’ demand. There is no evidence to show that Kavita was ill-treated because ₹1,000 was not paid.” The court, while acquitting Mr. Pansare of all charges, said, “There is no evidence to show he either instigated or aided Kavita in suicide, and the prosecution has failed to prove its case.”
