Kolkata: Observing that mere allegations of cruelty is not sufficient to establish offence of abetment of suicide, Calcutta High Court quashed criminal case against in-laws in a case where the wife allegedly died of overdose of pills.
The bench of Justice Suvra Ghosh was moved by the mother-in-law and father-in-law of the victim. The husband and his parents were accused of abetment of suicide (Section 306 IPC).
Petitioner’s counsel submitted that the allegations are general and omnibus. The minor son of the couple stated in his statement under Section 161 CrPC that there used to be frequent altercations between his parents and his grandparents used to rebuke his mother. Few days prior to his mother’s death, there was an altercation between his parents. Statements of witnesses alleged torture upon the victim by the petitioners but such torture can’t be said to be proximate to the occurrence which led to the suicide, the counsel argued.
On the day the victim was taken to the hospital, a chest x-ray showed no internal injury. However, an autopsy report revealed fracture of left sided second to sixth ribs. The counsel submitted such injury may have been caused while conducting cardiopulmonary resuscitation (CPR) upon her.
Complainant’s counsel submitted that injury detected during autopsy should be explained by the autopsy surgeon in evidence during trial.
The evidence suggests continuous torture inflicted upon the victim by her husband and his parents. Court observed that mere allegations of cruelty meted out upon the victim is not sufficient to establish an offence under Section 306 IPC. Such cruelty should be proximate to the commission of suicide.
It was observed there is no evidence suggesting the alleged torture was proximate to the commission of suicide by the victim or left the victim with no other option but to commit suicide.
Court opined that since no internal injury was detected when taken to the hospital, such injury being caused prior in time or being the cause of death can safely be ruled out.