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Posts Tagged ‘mumbai’

Wife’s mentally disturbed condition not enough to prove husband’s cruelty

Posted by iluvshrutiverma on December 27, 2009

Mumbai: A soured marriage and the resultant disturbed mental condition of a woman who committed suicide were not sufficient reasons to infer that the husband subjected her to cruelty, the Bombay high court ruled earlier this month.

Setting aside the two-year imprisonment sentence handed out to Kamalkishore Agrawal, 48, by a sessions court, the Nagpur bench of the high court held that, “though it appears that the victim and the applicant had marital discord running over a long period of time which, even according to the applicant, led to mental degradation of the victim, that in itself cannot justify the conclusion that the victim was subjected to such mental or physical cruelty by the applicant, that it drove her to death.”
Agrawal, a businessman, and Seema were married on February 24, 1992. After their marriage, “as caste and custom so permitted,” Agrawal’s adoptive parents also resided with the couple in their home in Akola. The couple had a daughter in 1993. However, since there were differences between the couple and Agrawal’s adoptive parents, they moved out of the house and started living separately from 1997.
On March 12, 1998, Seema set herself on fire and succumbed to burn injuries. A police complaint was lodged by her brother, Kailash, who had stated in his statement that Seema had written letters to him, which said that she was being subjected to cruelty in her marital home and it was not possible for her to live there any longer.
Agrawal’s counsel, however, told the court that there was no “causal connection” between the letters and Seema’s suicide as the last letter written by her was in 1996, while the incident took place in 1998. Moreover, he added, some of the letters were not addressed to Kailash and it was questionable how he was in possession of them.
The additional public prosecutor, however, said that the letters were in Seema’s handwriting and how they came into Kailash’s possession was irrelevant. She further stated that Agrawal in his defense had said that Seema had become so weak mentally that she either sent the letters to the wrong addresses or handed them over to the wrong people. “This written statement of defense categorically shows that the accused admits that the victim was mentally sick. If that was so, as a husband, it was necessary for the applicant to find out as to why his wife slipped into that stage,” the prosecution argued.
Agrawal had contended that Seema suspected she was being subjected to black magic and refused to take any medicines from him. He told the court that he was torn between his wife and his adoptive parents.
The sessions court acquitted Agrawal and his adoptive parents from the charge of culpable homicide not amounting to murder but convicted Agrawal under Section 498A (cruelty) of the IPC.
Justice RC Chavan, however, said, “suspicion, howsoever strong, cannot replace proof.” He said with the evidence on record it was not possible to conclusively say that the husband had treated his wife with cruelty, which led her to commit suicide and quashed the conviction and sentence handed out to Agrawal.

http://www.dnaindia.com/mumbai/report_wife-s-mentally-disturbed-condition-not-enough-to-prove-husband-s-cruelty-says-high-court_1327888

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Employers cannot be forced to take back convicts: HC

Posted by iluvshrutiverma on December 1, 2009

Various law enforcement (a.k.a police) and criminal trial authorities (a.k.a. courts) need some serious training as to what different sections of I.P.C. mean.

In the below case, the whole trial happened under both IPC 302 and 306.

302 is punishment for murder. 306 is abetment to suicide. Isn’t it common sense that the death was either a murder or a suicide? How can it be both?

(For my blog readers who have advanced knowledge of law: Even if it was suicide that is assumed to be dowry death, then also section 304 (b) should apply and not 302.)

My country is great. A person was in custody for 5 years and absolutely no one (police, court, lawyer) objected to the mis-founded justice.

http://www.dnaindia.com/mumbai/report_employers-cannot-be-forced-to-take-back-convicts-hc_1318652

Mumbai: Employers cannot be forced to retain an employee convicted for a serious offence, ruled the Bombay high court.

In a judgment last week, justice Dr DY Chandrachud set aside two judgments of a labour and industrial court, which early this year had directed Tata Power Limited to reinstate an employee and also pay him back wages since 1998.
The court also ruled that holding of departmental inquiry is not compulsory if the employee stands convicted for a criminal offence.
“Once there is a conviction by a court of law and conviction is of criminal offence involving moral turpitude, the charge of misconduct stands established. In a case, where a workman had been convicted by a court of competent jurisdiction, the holding of departmental inquiry would be entirely superfluous,” observed justice Chandrachud.
The court was hearing an appeal filed by Tata Power Ltd. The power giants had moved high court, challenging the orders of labour as well as industrial courts, which had directed them to reinstate one KT Mane and also to pay him back wages since 1998.
Mane, according to the 14-page judgment, was convicted under section 498A and 306 by a session court in December, 1997. Mane was also arrested under section 302 after his wife died due to burn injuries in December 1993. The session court, however, acquitted him of murder charges, but convicted him for five years imprisonment for the other two charges. He was released from prison in February 1998, as he was in custody since his arrest in December 1993.
The company had then refused him to reinstate on the same post and had also issued him a show-cause notice. Mane then moved labour court that ruled in his favour. Even the industrial court had judged in favour of Mane.
The judgment further says: “Both the labour court and the industrial court failed to appreciate the correct legal position and manifestly erred in holding that the action of the employer of dismissing the workman had to be set aside for want of a departmental inquiry.”
Observing that the workman failed to discharge his moral duties, justice Chandrachud also set aside the lower court’s order of paying back wages to the workman.
The court has also granted liberty to Tata Power to withdraw Rs1.71 lakh deposited with the labour court.

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Wife has been beating husband since 10 years

Posted by iluvshrutiverma on November 28, 2009

Look at the following three videos: How violently Indian wives beat their husbands

Purushottam Mahajan was physically and mentally abused by his wife, he has videotapes of about 60 days of abuse, many men do not even have this evidence, some of them suicide!. The Police has not yet taken action on Purushottam’s complaint against spousal-abuse, even after 2 years of his complaint to various police and other authorities.

Indian Men are leading a troubled and stressed-out life and as per National Crime Records Bureau, almost 75000 men committed suicide in 2006. This is almost 80% more than women who have committed suicide (app. 42000).

The age-wise break up is as follows:

Table : Suicide Statistics Year 2006

AGE               MEN          WOMEN   TOTAL%         MORE MEN
14 or less    1194           1270         2464                -6%
15-29            22757      19459       42216              17%
30-44            27809      12890       40699            1 16%
45-59            17345       6261           236061          77%
60 or more 6597          2530          9127               161%
TOTAL 75702 4241011811279% Source: NCRB Data of 2006 (www.ncrb.nic.in)

 

WHAT THIS MEANS? Under the age of 14, women are 6% more likely to commit suicide, but the suicide rate increases drastically upto 116% more for males WHEN CHILDREN START TO TAKE GENDER BASED ROLES!


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Mumbai…on the road

Posted by iluvshrutiverma on November 21, 2009

On International Men’s day, mumbai came on the road handcuffed in order to protest against the gender biased laws – to demand a men’s welfare ministry and to request society to treat them as humans and not animals.

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