Excelsior Correspondent
SRINAGAR, June 3: High Court upheld the acquittal of two persons into death of deceased who committed suicide as subjected to metal torture by them by observing that due to lack of requisite evidence they were not found guilty of offence.
Justice M A Chowdhary has upheld the verdict of trial court where-under the two persons (husband and sister in law) were acquitted from the charges of abetment of suicide by the deceased and dismissed the appeal of prosecution challenging the same. The prosecution court said, has failed to lead the evidence of such a sterling nature showing incidents whereby the deceased could have been driven to an inescapable desire of not living with her husband in view of his illicit relations with another woman.
Justice Chowdhary said the court is of the considered view that relationship of husband of the deceased with his sister-in-law was not of such a nature, which under normal circumstances, would drive one to commit suicide or that the respondents by their conduct or otherwise, even abetted or intended to abet the deceased to commit suicide.
Court said that since the extramarital relation can be subjective and cannot be said to be a mental cruelty as defined under Ranbir Penal Code, as such, the question of abetment does not arise as such the conclusion reached by the trial court in finding the respondents not guilty of offence punishable under abetment of suicide for lack of requisite, admissible and legal evidence in the case, thus cannot be faulted.
“Finding no merit in the contentions raised by the appellant-prosecution, the acquittal appeal fails and is dismissed. Personal and bail bonds executed by the respondents, are hereby discharged. Trial court record along with a copy of this judgment shall be sent down for information to the Sessions Court”, Court concluded.
It was in June 1999 the victim (name withheld) within six months of her marriage died and a complaint was lodged by one of her cousin at Police Station Nowshera that the deceased had committed suicide because she was subjected to mental torture and a case was registered for the commission of offence punishable u/s 306 RPC (abetment of suicide) and during investigation it was found that the deceased had committed suicide by taking poisonous substance.
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