Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide

The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. 

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to torture at her matrimonial home which had compelled her to commit suicide within six years of marriage.

"Evidence on record shows a pitiable condition in the matrimonial home of Bimali where she was tortured for non-availability of food. Poverty, though acute, cannot be a justification for the husband to perpetrate torture upon his wife and compelling her to commit suicide", the Court underscored. 

The Court further noted that even two days prior to her commission of suicide, the deceased had been tortured due to non-availability of food in the residence. It was also taken into consideration that the deceased had confided in her sister that due to paucity of food she was being tortured. Opining that the prosecution evidence in this regard is further strengthened by the statutory presumption under Section 113A of the Evidence Act, the Court remarked further, 

"It is, therefore, crystal clear that life of Bimali at her matrimonial home was a bed of thorns. Her husband, Shyamal inflicted inhumane torture upon her. Unable to bear such torture, she decided to take her own life. I am convinced the live link between torture meted out by Shyamal upon his wife and her ultimate act of self-extermination is clearly established. Ample evidence has come on record that the housewife was subjected to torture and was compelled to commit suicide within six years of marriage. Prosecution evidence in this regard is also fortified by the statutory presumption under Section 113A of the Evidence Act."

Pertinently, the Court also took into consideration that in such cases, a housewife generally discloses incidents of torture to her loved ones instead of neighbours and accordingly highlighted further, 

"Torture of housewife takes place within four corners of her matrimonial home. Hence, it is not possible for the neighbours to witness the torture meted upon her. It is also natural that a housewife would not ordinarily disclose incidents of torture to outsiders but only to those on whom she reposed faith and confidence. In fact, Bimali did so. She regularly informed about torture meted to her sister, Amoli"

Background 

The instant appeal had been preferred against the judgment of the concerned Sessions Court dated November 26 convicting the appellants (husband and in-laws of the deceased) for commission of offences punishable under Sections 498A (cruelty), 306 (abetment of suicide) and 34 (Acts done by several persons in furtherance of common intention) of the IPC. 

Six years ago the deceased had been married to one Shyamal Mardi observing Hindu rites and customs.Dowry was paid at the time of marriage. A child was born from the wedlock. Thereafter, the appellants had continued to inflict torture upon the deceased to pay further dowry. The deceased's husband had also inflicted physical torture upon her one and half years ago due which she had to be hospitalised. Thereafter, a police complaint had also been lodged against the appellants but subsequently, the appellants had tendered apology and an amicable settlement was arrived at between the parties.

The deceased thereafter returned to the matrimonial home and a second child was born to the couple. However, torture continued upon the deceased unabated. On March 6, 2012 at 7.00 P.M unable to withstand the torture any further, the deceased committed suicide by consuming poison. She was taken to Balurghat hospital where she was declared dead. Subsequently, the brother of the deceased had lodged a police complaint and a chargesheet was also filed after conclusion of the investigation. 

Observations 

The Court noted that although documentary evidence with regard to the deceased's prior hospitalisation has not been produced, there is consistent evidence with regards to assault on the deceased which has remained unchallenged during cross-examination.

It was further taken into consideration that the even a couple of days prior to the incident the deceased had confided in her sister that she had been tortured over non-availability of food. The Court however dismissed the contention that the deceased had been tortured by her in-laws in addition to her husband after noting that the deceased used to live separately with her husband. 

"It appears Bimali used to reside with her husband alone in separate mess..No doubt, there are statements from her relations that other appellants also tortured her. However, I am of the view such evidence may be exaggerations on the part of her relations who intended to rope in her in-laws in addition to her husband in the crime. Assessing the evidence of the prosecution witnesses from this angle, I find Bimali had been continuously tortured by her husband Shyamal", the Court opined further. 

Accordingly, the Court upheld the conviction of the husband for abetment to suicide. 

Case Title: Budhin Soren v. State of West Bengal 

Case Citation: 2022 LiveLaw (Cal) 65 

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