Abetment Of Suicide Charge Can't Be Converted To Murder Charge Based On 'Stray Observations' Of Medical Officer: Bombay High Court

The Bombay High Court recently quashed a Sessions Court order directing addition of murder charge against three accused in a 2014 dowry death case in Pune observing that accused couldn't be convicted based on stray observations of the medical officer.

“Imagination cannot be taken to such an extent to prosecute the Accused for [such a] serious offence. All throughout it's the case of the prosecution that the victim has committed suicide. On stray observations of the medical officer the Accused cannot be convicted for an offence under Section 302 of IPC.”

Justice Prakash D. Naik allowed a criminal revision application filed by the accused - Gurudas Raut, Anita Raut and Archana Raut - who were charged for abetment of suicide of a married woman, Sonal. Her father had lodged a dowry harassment complaint in November 2014 after she was found dead in a well.

Initially, police had filed chargesheet under IPC Sections 306 (abetment of suicide), 498A (cruelty) and others. The Sessions Court framed charges of abetment to suicide and cruelty in December 2015.

During trial in 2017, the prosecution examined a medical officer who deposed that it takes 8-12 hours for a body to float if the person dies by drowning. Based on this, the complainant sought addition of murder charge under Section 302 IPC.

The Sessions Court allowed addition of 302 charge in August 2022, holding that the medical opinion and other material constituted sufficient ground.

Setting aside this order, Justice Naik observed, "All through it's the prosecution's case that the victim committed suicide. On stray observations of the medical officer, the accused cannot be convicted for murder."

The judge noted that the cause of death referred to in the postmortem report clearly mentions that there is evidence of head injury and it is a case of asphyxia due to drowning. The report rules out the case of murder.

Advocates for the accused, Abhishek Avachat and Siddhant Deshpande, argued that the Sessions Court order was swayed by the medical officer's version and there was no material to alter the charges post-framing.

According to the FIR lodged by Sonal's father, she was harassed for dowry and driven to suicide within a few years of marriage. However, none of the witness statements indicated murder.

Justice Naik scrutinized the material and concluded there was nothing to show it was not suicide. By adding murder charge at this stage, prejudice would be caused to the accused, the High Court held.

The court quashed the Sessions Court's order, noting that charges can be altered as per CrPC S.216 but there must be sufficient basis. The judge also cited two other HC decisions on alteration of charges.

With this order, the dowry death trial will proceed based on the original charges framed in 2015, without the addition of murder charge.

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