'Taunts Over Childlessness Not Abetment; Contemporary Woman More Resilient': J&K&L Acquits Husband, In-Laws In Wife's Suicide Case
The High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a husband and his parents, accused of abetting the suicide of a woman who was allegedly harassed over her inability to conceive a child after five years of marriage.The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar dismissed the State's criminal appeal against the trial court order, observing that...
The High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a husband and his parents, accused of abetting the suicide of a woman who was allegedly harassed over her inability to conceive a child after five years of marriage.
The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar dismissed the State's criminal appeal against the trial court order, observing that mere domestic discords or sarcastic remarks do not constitute abetment of suicide under Section 306 RPC.
The Bench observed,
"Even assuming, for the sake of argument, that the deceased was unable to bear a child and that she was occasionally taunted for it, such an accusation, though distressing, cannot by itself attract the ingredients of Section 306 RPC. Undoubtedly, a woman expects dignity and respect in her matrimonial home, yet, what Section 306 contemplates is intentional instigation or persistent cruelty of such nature as to drive a person to end her life. Domestic discords and differences are common in marital relationships.
The court added,
The inability to conceive may arise from various causes, and individuals react differently to emotional stress. It often happens that temporary disputes or misunderstandings make a spouse feel uncomfortable within the matrimonial setting. However, an ordinary prudent person is expected not to take an extreme step merely on that account. In contemporary times, women are more aware, independent, and resilient in addressing such domestic issues."
The Court further noted that respondent Husband's habit of consuming liquor, though undesirable, cannot by itself lead to a presumption that it rendered the deceased's life miserable or drove her to suicide, as its implications vary from person to person depending on the domestic atmosphere and social context.
Background Of The Case
The case stems from a 2011 incident where Arti Devi, married to Sanjay Singh since about five years, allegedly faced continuous harassment and taunts from her husband and in-laws for her inability to conceive and bear a child.
In 2011, Arti's father lodged a written report at Police Station alleging that due to this persistent harassment, his daughter became distraught and, after a quarrel with her husband, ended her life by committing suicide. Subsequently a FIR was registered under Section 306 RPC (abetment of suicide) and Investigation revealed that Arti had hanged herself using a "chunni", leading to asphyxia and death due to strangulation. A chargesheet was filed against the three accused, who pleaded not guilty and claimed trial.
After the trial the Additional Sessions Judge, Jammu, acquitted the accused, holding that there was no legal evidence connecting them with the crime.
Challenging the acquittal, the State argued that the Trial Court failed to weigh the evidence in its proper perspective, whereas the occurrence stood duly proved, rendering the acquittal bad in law. According to the appellants, the prosecution had successfully established its case beyond reasonable doubt, yet the Trial Court resorted to perverse appreciation of evidence, hence the acquittal deserved to be set aside with consequential conviction under Section 306 RPC.
Adjudicating the matter the Court said that while exercising appellate jurisdiction, it possesses full power to review, re-appreciate, and reconsider the evidence on which the order of acquittal is founded. However, judicial discipline and established precedents have held that in the case of acquittal, a “double presumption” operates in favour of the accused firstly, the presumption of innocence, a fundamental principle of criminal jurisprudence, and secondly, the reinforcement of that presumption by virtue of the acquittal rendered by a competent court.
"It is equally well settled that if two reasonable views are possible based on the evidence available on record, the appellate court should refrain from disturbing the finding of acquittal recorded by the Trial Court," the Bench said.
On perusal of the evidence, the Court found no tangible or credible material to suggest any demand for dowry by the respondents, or that the deceased was subjected to cruelty or harassment with a view to coercing her to meet such demand.The evidence merely established that respondent No.1 was a habitual consumer of liquor; however, his being a drunkard by itself cannot lead to the presumption that such a habit rendered the life of the deceased miserable or drove her to take the extreme step.
"While consumption of liquor is undoubtedly an undesirable habit, its implications vary from person to person, depending upon the domestic atmosphere and social context, and therefore cannot, by itself, be treated as evidence of abetment to suicide," the Court observed.
It was further alleged that the deceased had failed to conceive a child even after five years of marriage and that she was subjected to taunts and harassment by the respondents on that account. Though this allegation is serious in nature, a scrutiny of the testimonies of the prosecution witnesses reveals that there is not even an iota of evidence to substantiate the claim that the deceased was harassed or humiliated by her in-laws or husband for her inability to bear a child, the court stated.
"None of the witnesses has deposed any specific instance or occasion when such taunts or acts of cruelty were made, thereby rendering this allegation unproven," the Bench added.
Elaborating on the contours of Section 306 RPC the court said that it requires the presence of acts or conduct that are sufficiently grave to incite or provoke a person to commit suicide. In the present case, the prosecution's evidence is shaky and unreliable. Neither has it been proved that the deceased was a habitual drinker, nor have the allegations of taunting for childlessness been consistently supported by the witnesses, the court remarked.
In view of these findings the court dismissed the appeal.
Case Title: State of J&K through SHO, Police Station, Jhajjar Kotli, Jammu v. Sanjay Singh & Ors.
Citation: 2025 LiveLaw (JKL)