LI Network
Bombay High Court Bench comprising NR Borkar and Sadhna S Jadhav setting aside Sessions Court judgement observed that just because the woman died at her matrimonial house, within two months, the entire family can’t be stigmatised for having committed offence u/s 302 of IPC that punishes murder.
Bombay High Court acquitted and in-laws a deceased woman who committed suicide within two months of marriage.
Court set aside a Sessions Court judgement dated 29.06.2012 that convicted the husband and his family member for offences punishable u/s 498A, 302, 304B r/w Section 34 of IPC and u/s 3,4 of Dowry Prohibition Act.
Bombay High Court Bench comprising NR Borkar and Sadhna S Jadhav opined that the deceased woman’s family hurriedly married off their daughter, who did not want to get married but wanted to study further. As per the Court, the woman committed suicide in a state of stress.
It is reported that the couple married on 28.07.2010 and was living in a joint family. In September 2010, the woman committed suicide by hanging. The victims’ father registered a complaint and alleged that she committed suicide due to harassment by her husband and in-laws who wanted a gold ring for the husband.
Before the Court, the appellants argued that there was evidence to show no dispute between the family members either for gold or for her dowry. It was further argued that the woman committed suicide within two months of marriage, suggested that she was married off against her wishes.
However, the prosecution contended that the lady committed suicide due to mental depression. It was further contended that the woman, on various occasions, informed her brother and father that her husband and in-laws were ill-treating her and were demanding a gold ring.
The Court opined that as the medical report clearly stated that the woman died due to asphyxia caused by hanging, a conviction for offence u/s 302 of IPC was unwarranted. The Court also took note of a neurologist’s statement who treated the woman who stated that she was under mental stress and was a sensitive girl.
After going through the case’s facts, the Court opined that the woman wanted to continue her education, but her parents got her married. As the woman was not happy with her marriage and was under mental stress, she committed suicide. Therefore the accused should be acquitted.
