Abetment of suicide: India Court acquits woman accused of slapping husband, asking him to die anywhere

Father of the deceased had lodged a First Information Report (FIR) alleging that after some time of the marriage, the accused wife started fighting with the deceased husband, which led him to commit suicide.

Is allowance instantly strangers applauded

Punjab and Haryana High Court recently acquitted a woman convicted by the trial court for slapping her husband and asking him to die anywhere, thereby abetting his suicide.

The court considered that the alleged crime was witnessed only by the parents of the deceased, who did not stand the scrutiny of cross-examination on material allegations of constant matrimonial dispute and harassment by the accused.

The bench of justices further added that both PW-1, and, PW-2 (parents of deceased) are contriving the factum of lack of cordiality amongst the appellant and deceased.

"Echoings in the examination-in-Chief of PW-1, does become an invented or a contrived fact, and, obviously no credence can be assigned thereto."

The court was dealing with hearing the woman's appeal against being convicted under Sections 306, 120-B of the IPC and a sentence of seven years of rigorous imprisonment.

Father of the deceased had lodged a First Information Report (FIR) alleging that after some time of the marriage, the accused wife started fighting with the deceased husband.

In a particular incident, it was alleged that the woman slapped her husband and commented that he should die anywhere so that she can find a suitable match for her. Thereafter, it is alleged that his son suffered shame and set himself ablaze.

For analyzing the credibility of the evidence of the deceased's parents, the Court keenly analysed their respective depositions.
After considering the rival submission of the parties, the Court, dispelled the factum of any marital strife between the convict-appellant and the deceased along with the allegation of the appellant leaving parental home after a fight with the deceased.

"The apt corollary thereof, is that, the judicial conscience of this Court is completely convinced about both PW-1, and, PW-2, contriving the factum of there being lack of cordiality amongst the married partners concerned. Therefore, the above cannot comprise the strata for concluding, that thereons becomes well-rested the relevant penally inculpable instigatory fact.

Moreover, the court noted that no one else other than the parents of the deceased have witnessed the alleged crime and even if it is assumed, that the act of quarrelling and slapping by the convict-wife is true, yet it does not constitute the relevant instigatory actus reus for the deceased to commit suicide. 

For the reasons stated above, the Court acquitted the convict-appellant of the charges.