30 yrs on, man acquitted of abetting his wife's suicide
Domestic quarrels, including remarks about complexion and threats of a second marriage, do not constitute criminal harassment under the law, observed Justice S M Modak, who on July 11 set the man free.
Quashing the man's conviction and five-year rigorous imprisonment for suicide abetment under section 306 of erstwhile Indian Penal Code (IPC) and one-year rigorous imprisonment for cruelty to his wife under section 498A, IPC, Justice Modak, sitting singly, said, "The legislature contemplates that every dispute, quarrel, or altercation arising from matrimonial life are not criminal offences.
It will take the colour of criminal law only when there are no alternatives for the wife but to put an end to her life because of the harassment.
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In 1998, following his conviction, the man appealed before HC. He was in Satara jail at the time and later out on bail. The conviction was unsupported by evidence, HC said and criticised the trial court for having "forgotten basic principles and ingredients of section 306 of IPC (suicide abetment)".
Abetment needs to be proved for suicide, HC said.
On record, though wife "was being taunted on account of her complexion, I do not think that it will fall within the explanation to section 498-A..." said Justice Modak. The prosecution also failed to prove the wife's suicide was due to harassment. The shepherd's father, also a co-accused, complained of her cooking, it was alleged.
The marriage was in 1993, and the wife died in Jan 1998.
Both sides shared the wedding expenses, HC noted, and there was no dowry demand. As a goatherd, he was away from home, "for a long time" and she would go to her mother's house, complain about harassment, and ended her life one day, HC noted.
There seemed to be quarrels arising out of matrimonial life. "They are domestic quarrels," HC said and offence of cruelty requires husband's wilful conduct to be "of a high degree," which HC said in the case could not be considered so high as to compel the suicide. "...the judgment of the trial court cannot be sustained in the eyes of the law," HC held and acquitted the husband.
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