Mumbai: A suicide is not necessarily a
proof of harassment of the person by those around him/her, the
Bombay High Court recently held, absolving a husband of the
charge of subjecting wife to cruelty.
Justice R C Chavan of Nagpur bench of High Court also
held that a mere marital discord does not amount to criminal
harassment under section 498 A of IPC (subjecting woman to
cruelty).
One Kamalkishor Agarwal, resident of Gondia, had filed
appeal before the High Court against his conviction by the
lower court under 498 A. His wife, Seema, had committed
suicide by setting herself afire in March 1998, six years
after their marriage.
Prosecution argued that Seema`s relations with the
husband had soured, which led to her mental "degradation".
Prosecutor argued that it was not necessary that there
must be a physical violence for proving cruelty, Seema would
not have become mentally sick unless she was subjected to some
sort of harassment.
However, the Court disagreed with this view, and
acquitted Kamalkishor of the charge.
Justice Chavan held, "It is known that several persons
have suicidal tendencies and they go to form opinions about
persons or events, which a man of ordinary prudence would not
form. That does not mean that persons around him or her would
be guilty."
"Though it appears that the victim and the applicant
had marital discord running over a long period of time, which
led to mental degradation of the victim, that in itself cannot
justify the conclusion that the victim was subjected to such
mental or physical cruelty as to drive her to death," the
judge held.
PTI
