Can Presumption under Sec.113A Evidence Act be drawn if Wife Commits Suicide after 17 yrs of Marriage? HC replies,

 

The Telangana High Court has held that presumption cannot always be drawn against the husband for abetment of suicide of wife.

The single-judge bench of Justice K. Surinder observed that the initial burden is always on the prosecution to make out the case but person can not ask the court to draw an inference of abetment solely because the death was unnatural.

Brief Facts of the Case

The complainant (appellant) filed a complaint stating that his younger sister was subject to harassment some time after marriage. The respondents were counselled. The sister ( deceased) and her two year child (deceased) were found hanging in the house of the respondents/Accused. Crime was registered for the offence under Section 498-A and 306 of IPC. The respondents were acquitted in the Trial court.

In the appeal before the High Court, the appellant questioned the acquittal of the respondents, for the offences under Sections 498-A and 306 of IPC.

High Court Observation:

The court observed that “it cannot be said that only for the reason of the deceased committing suicide, presumption has to be drawn against the respondents that they have abetted suicide.”

The said argument has no basis in the background of the case and also the deceased committing suicide in the year 17th year of marriage. The evidence of witnesses who are closely related, is vague
and omnibus in nature. None of the neighbours of the deceased and the accused house ever stated anything about any kind of harassment against any of the accused.

 “Death of the deceased, which is on account of suicide, cannot be held to be the result of any abetment by the respondents/Accused. the respondents cannot be held liable in the absence of any
reliable evidence. This is a case of no evidence and death cannot be made basis to find respondents guilty.”

 The criminal appeal was dismissed.

 

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(With input from news agency language)

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