No Complaints Of Cruelty During 30-Yr Marriage, Absence Of Incriminating Proof: J&K High Court Upholds Husband's Acquittal In Abetment Case

The Jammu and Kashmir High Court held that in the absence of any substantial and credible evidence or any prior complaints, FIRs, or consistent testimony of cruelty over the 30-year marriage, it cannot be proved that the accused has abetted or instigated the commission of suicide of his deceased wife.The court was dealing with an appeal filed by the state against the judgment acquitting the accused of the charges under section 306 RPC. It was argued that the accused's cruelty, especially after marrying a second time, led to the deceased's suicide.A bench of Justice MA Chowdhary said that even after the second marriage, the deceased had been living with the accused and the second wife for the last 12 years, and there was no complaint lodged in those long years with regard to any torture by the respondent-accused. The appellant had argued that oral and documentary evidence, including witness statements from family and community members, proved harassment of the deceased wife by her husband, which propelled her to commit suicide.The court however noted that sons Abbas Ali and Arif Ali, despite being close witnesses, refuted claims of cruelty and denied any quarrels between their parents. It said that Father and brother of the deceased were found by the trial court as hearsay witnesses as their depositions were based on hypothesis. The court noted that even other prosecution witnesses, including independent ones, were declared hostile and failed to support the prosecution's narrative during cross-examination.The court, therefore, upheld the trial court's acquittal of the accused, concluding that there was no error in the reasoning of the trial court and that the prosecution failed to establish guilt beyond a reasonable doubt.BACKGROUND:The case relates to the death of Rozina Begum, who allegedly committed suicide by jumping into the Chenab River.She had been married to the accused for about 30 years. Her father filed a complaint alleging that she was subjected to cruelty and physical abuse, especially after the accused's second marriage, which led her to take her own life.After the lodging of the complaint, an FIR was registered under Section 306 RPC (abetment of suicide). The body was recovered after three months. After investigation of the case, a charge sheet was laid against the respondent for the commission of an offence under section 306 RPC.The court after going through the evidence given by the prosecution found no incriminating evidence against the accused and acquitted him of all the charges and hence the present appeal by the state.APPEARANCE Eishaan Dadhichi, GA., Advocate For PetitionerJagpaul Singh. For RespondentsCase-Title: State of J&K vs Ishtiyaq Ali Citation: 2025 LiveLaw (JKL) 152Click Here To Read/Download Order

No Complaints Of Cruelty During 30-Yr Marriage, Absence Of Incriminating Proof: J&K High Court Upholds Husband's Acquittal In Abetment Case

Aleem Syeed

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