Treating wife with cruelty is not abetment of suicide: SC

New Delhi, June 24 (UNI) The Supreme Court has held that treating one's wife with cruelty or harassing her does not amount to abetment to suicide by the married woman.

A bench comprising Justices Arijit Pasayat and D K Jain, while giving a clean chit to one husband Kishori Lal in a case of offence under Section 306 of the IPC (abetment to suicide), handed down the ruling.

According to the prosecution, the deceased Rajkumari, had committed suicide in her matrimonial home on August 31, 1982 due to alleged harassment by her husband Kishori Lal. Lal was sentenced to five years imprisonment by the trial court and his appeal was dismissed by the Madhya Pradesh High Court.

The apex court, while giving a clean chit to the appellant observed, '' In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. The mere fact that the husband has treated his deceased wife with cruelty is not enough''.

The court further added, '' Merely on the allegations of harassment conviction in terms of Section 306 of the IPC is not sustainable. There is ample evidence on record that the deceased was disturbed because she could not give birth to a child. The deceased was upset due to this, according to statements made by three prosecution witnesses.'' '' If the background facts are analysed, it is crystal clear that the prosecution has failed to establish its case.

That being so, the appeal deserves to be allowed, which we direct'', the court added.

UNI