VidhiSangh

Supreme Court of India · 12/10/2023

KAMALAKAR versus STATE OF KARNATAKA

[2023] 14 S.C.R. 787 · 2023 INSC 989

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Summary

The Supreme Court retained the husband’s cruelty conviction but acquitted him of abetment of suicide. Specific evidence of assault, ill-treatment and refusal to resume the matrimonial relationship supported cruelty independently of his parents’ acquittal. The record did not establish the proximate, intentional act required for abetment. His cruelty sentence was reduced to the seven months already undergone.

Issues

  1. Whether the evidence supported cruelty despite acquittal of the husband’s parents.
  2. Whether marital discord established intentional abetment with a proximate connection to suicide.

Provisions considered

Held

Result

Appeal partly allowed. Section 306 conviction and sentence set aside; Section 498A conviction affirmed, with imprisonment reduced to the period already undergone. Existing bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 787.