Abetment To Suicide Charge Against Husband- "Providing Medical Assistance To Wife Wouldn't Absolve Him From Guilt": Allahabad High Court

The Bench of Justice Rahul Chaturvedi further noted that the continued course of conduct of the Husband where he did not even permit his wife to see her son, had proven acute nostalgia for her and in that stage of severe psychological turmoil, she was left with no other option but to take this extreme step.

The matter before the Court

An FIR was lodged by one Adil (brother of the deceased/Woman/Wife) against the Applicant/Man/Husband u/s 498A, 304B I.P.C. and Section ¾ of D.P. Act.

It was alleged that the woman got married to the applicant about six months back and this was her third marriage, while from her first marriage he was having a son.

It was also stated that she was subject matter cruel treatment with regard to additional dowry by her husband and other in-laws.

Further, in the FIR, it was alleged that on 13^th January 2020, after hatching conspiracy the accused persons administered her some poisonous substance and killed her.

After collecting the material, the Police changed the texture of the case and submitted the report u/s 173 (2) of Cr.P.C. only for the offence u/s 306 I.P.C., dropping all sections in which the F.I.R. was initially registered.

Court's observations

The Court took into account the fact that witness Shabnam (sister of the deceased) alleged that about three days back the deceased had called her and expressed her desire to meet his son and had said that the applicant/her husband was physically torturing her and not permitting her to meet her son.

Further, the Court also noted that co-accused Rajni Singh also admitted that on 13^th January 2020 the deceased was insisting to bring back her son who is staying with Islam, her erstwhile husband.

When her demand was severely resisted by the applicant, the deceased consumed some poisonous substance.

It was submitted that the applicant carried the deceased to the District Hospital Moradabad and thereafter Sunrise Hospital and while she was shifting to Tirthankar Medical University, en-route she died.

At the outset, the Court observed that the stiff resistance was put by the applicant on her wife by not permitting her to even meet with her son.

"This by itself might have given an emotional jerk and jolt to a mother who cannot even meet or see his son. Assessing or visualizing from the side of the mother, who is said to be the first and the most sensitive person towards her child, she was not even permitted by her own husband, with whom she has got married barely four months back", noted the Court.

Importantly, the Court observed,

"With this cruel treatment of her husband, the deceased must have suffered with psychological, emotional and sentimental jerk and in this stage of mental turmoil, she has taken this extreme step."

The Court further opined that the offence of abetment may be committed directly but the same can also be accomplished by creating such circumstances which may amount to abetment.

Notably, the Court further opined,

"Applicant prima facie seems guilty of committing extreme cruelty towards his wife and because of her intense affection towards her son, he conducted and behaved in such a manner incessantly that there was no other option left for the deceased-wife than to take such extreme step."

Lastly, the Court did not find any good reason to exercise his power u/s 439 Cr.P.C., and accordingly, the bail application stood rejected.

Case title - Sameer Ali Khan v. State of U.P [Criminal Misc. Bail Application No. - 37032 of 2020]

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