Introduction 

• This is a landmark judgment which lays down that if the marriage is null and void the offence under Section 498A of Indian Penal Code, 1860 (IPC) shall not be attracted. 
• This judgment was delivered by a 2-judge bench comprising of Justice SN Phukan and Justice SN Variava.  

Facts 

• Shiv Charan was already married to Kalindi and thereafter despite being already married he married Mohini. 
• It was alleged that after the marriage both Kalindi and Shiv Charan tortured Mohini as a result of which she committed suicide by burning herself. 
• The incident occurred inside the house of Shiv Charan. 
• The case was registered under Section 306 and Section 498A of IPC. 
• The Sessions Court held that the incident occurred inside the house of Shiv Charan while Kalindi and Shiv Charan were in one room and Mohini was in another room. 
• Thus, the Sessions Court came to the conclusion that prosecution has been able to prove all the charges beyond reasonable doubt and convicted both. 
• The High Court re appreciated the evidence and affirmed the conviction and sentence. 
• The matter was before the Supreme Court by way of special leave. 

Issue Involved  

• Whether the accused should be convicted under Section 498 A of IPC in the light of the fact that the marriage of the accused with Mohini itself was null and void? 
• Whether the accused should be convicted under Section 306 of IPC? 

Observations 

• The Court held that the marriage of the appellant with Mohini during the subsistence of valid marriage with Kalindi is null and void. 
• Since the marriage is null and void the Court set aside the conviction under Section 498A of IPC. 
• However, with regard to conviction under Section 306 of IPC the Court held that the evidence of three witnesses already referred to by the Lower Courts make it clear that the suicide was committed by the victim due to the torture by both Kalindi and Shiv Charan. 
• Therefore, the Court did not find any infirmity with the order of conviction under Section 306 of IPC. 
• The Appeal was accordingly disposed of and the bail bonds of appellants stood cancelled.    

Conclusion 

• The Court held that the conviction under Section 498A of IPC shall not be done when the marriage is null and void. 
• Thus, this judgment declared that for the purposes of conviction under Section 498A of IPC valid marriage is an important ingredient.