New Delhi, Dec 2, 2022: A sessions court acquited a 39-year-old alcoholic accused of abetting the suicide of his wife, stating that “merely the fact that he treated her cruelly is not enough,” and there is no evidence that he abetted her to take her own life.
The wife, Mamta, had died by suicide on June 16, 2015. In its judgment, the sessions court noted the ingredients which constitute the offence under section 306 (abetment of suicide) of the Indian Penal Code. The court that the accused must have played an active role by instigation. It also mentioned among the ingredients that there must be proof of direct or indirect acts of incitement.
The victim’s family members had testified in court against Naresh Chavda. They testified to the court that he was harassing Mamta under the influence of liquor and would engage in quarrels with her by suspecting her of having an affair.
Additional Sessions Judge NP Mehta said, “There is nothing in the evidence of prosecution witnesses that the deceased was left with no option but to commit suicide.”
The family members of the victim had also stated that she had taken a loan to buy a bike for him and was thus getting less salary as the loan repayment amount would get deducted.
The court opined the accused cannot be blamed for any loan she took and that there is nothing on record to prove that he coerced her to take the loan.
“There is no material on record to indicate that there were some positive actions on the part of the accused close to the time of occurrence which compelled the deceased to take commit suicide,” the court said.
