THE BOMBAY HC - IN ABSENCE OF LEGALLY ADMISSIBLE EVIDENCE THERE CANNOT BE A MORAL CONVICTION

15th April 2021

The Bombay HC acquitted the husband and in-laws of a woman who committed suicide within two months of marriage.

FACTS

Megha and Sachin were married on 28th July. On 6th September 2010, family members saw Megha hanging to the rafter with a stole. The deceased's Father lodged a report at the police station alleging therein that Megha had complained to him that she had been subjected to ill-treatment and harassment for not fetching a golden ring for her husband.

ARGUMENTS

As per the Appellants, Megha, after passing M.Sc. Examination wanted to pursue further education but got married against her wishes. On the other hand, the prosecution submitted Megha has died in her matrimonial home, and the reason for her mental depression and suicide ought to have been known to the accused persons.

DECISION

The Court took note that Megha was taking neurological treatment since 2005. Moreover, there was no need of convicting the accused u/s 302 as the cause of death was asphyxia due to hanging.

In the present case, It prima facie appears that the deceased was willing to continue her education; however, she was married hurriedly by her parents since they found a suitable match for their daughter. However, she did not seem to be happy with the marriage and, in a state of stress, had committed suicide. Just because the wife has died in her matrimonial house within two months of marriage, the entire family cannot be stigmatized as having committed offences u/s 302 of IPC.

Author: Papiha Ghoshal

PC: dnaindia