Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband

The Telangana High Court recently refused to apply presumption of abetment against a man whose wife committed suicide after 17 years of marriage.Justice K. Surender observed: "When there are no specific allegations in the background of the 1st respondent/A1 taking care of the deceased in all respects as admitted by P.Ws.1 to 3, it cannot be said that only for the reason of the deceased committing suicide, presumption has to be drawn against the respondents that they have abetted suicide. The said argument has no basis in the background of the case and also the deceased committing suicide in the year 17th year of marriage." [Section 113A of Indian Evidence Act stipulates that when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.]Court also said that the initial burden is always on the prosecution to make out its case and it cannot solely rest upon the death being unnatural/suicidal and asking the Court to draw an inference of abetment. In the absence of any specific allegations, death cannot in any manner be a ground to reverse the well reasoned order of acquittal. Court was hearing State's appeal against an acquittal order passed by the Assistant Sessions Judge, Sangareddy for the offences under Sections 498-A and 306 of Indian Penal Code. The case of the prosecution was that the defacto complainant-P.W.1 filed a complaint stating that his younger sister namely Sarala's (deceased) marriage was performed with the 1st respondent/A1 in the year 1997. For the reason of harassment as informed by the deceased some time after marriage, the respondents were counseled. However, they have not changed their attitude. The deceased was blessed with a male child, who was two years old at the time of the incident. Both the deceased and deceased's son, were found hanging in the house of the respondents/Accused. P.W.1 stated that deceased sister and his nephew died due to the harassment of all the respondents/accused, as such, crime was registered for the offence under Section 498-A and 306 of IPC. After completion of investigation, the police filed charge sheet for the said offences and charges were accordingly framed. Interestingly, during the course of investigation the police didn't find any involvement of A2 and A3 as abettors to the incident of committing suicide, as such their names were deleted from the array of accused. However, during the course of trial, since P.W.1 stated that A2 and A3 were also responsible, their names were added as accused and charges were also framed against them. During cross examination the brother of the deceased and another brother another relative, all of them admitted that they cannot specifically say regarding any harassment that was meted out to the deceased. P.W.1 admitted that the deceased was taken to Hyderabad for fertility treatment by A-1 it was A1 who had borne medical expenditure for the treatment and also when the child was born. Likewise, tonsure ceremony and other functions were also performed by 1st respondent/A1. It is an admitted position that none of the witnesses have spoken about the manner in which the accused had inflicted any kind of injury or harassed the deceased or asked for dowry in any manner over the period of 17 years of marriage. The marriage took place in the year 1997 and the child was born in the year 2012, i.e., after a lapse of 15 years and in the entire period of 15 years, there was never any allegation of harassment. "None of the neighbors of the deceased and A1's house ever stated anything about any kind of harassment against any of the accused. In the said circumstances, death of the deceased, which is on account of suicide, cannot be held to be the result of any abetment by the respondents/Accused. Though it is very sad that the wife of A-1 and the child of two years were found hanging, the respondents cannot be held liable in the absence of any reliable evidence. This is a case of no evidence and death cannot be made basis to find respondents guilty." Court said In view of the above, the Criminal Appeal was dismissed.Case Title: The State of Telangana versus Konyala Vijaya Kumar and othersCitation: 2022 LiveLaw (Tel) 59Click Here To Read/Download Judgment

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband

LIVELAW NEWS NETWORK

Tags