Abetment to Suicide Charge Against Husband- "Providing Medical Assistance To Wife Wouldn't Absolve Him From Guilt": Allahabad High Court

Team SoOLEGAL 11 Feb 2021 3:14pm

Abetment to Suicide Charge Against Husband-

The Allahabad High Court while hearing a bail application in which the applicant was booked for abetting his wife’s suicide, had rejected the same by stating that, just because the applicant had given medical assistance to his deceased wife it does not absolve the applicant from allegations. Justice Rahul Chaturvedi was hearing the application and was of the view that, as the applicant/husband did not allow his deceased wife to see her son, and this particular act had affected the wife mentally/psychologically hence, she had no other choice but to take the extreme step of doing suicide.

An FIR was lodged against the applicant/husband under Section 498A and 304B of India Penal Code, 1860, where it was submitted that, the woman got married to the husband six months back and this was her third marriage and the applicant was having a son from her first marriage only. It was also stated that, the husband used to treat his wife with cruelty regarding additional dowry. It was also alleged that, the husband by giving poisonous substance had killed his wife on 13th January, 2020.

The Court had observed that, for the continuous cruel treatment by the applicant, the wife was suffering from mental trauma and also she was psychologically affected and for these reasons, the deceased had decided to take the extreme step of committing suicide.

The Court had found the applicant guilty of committing extreme cruelty towards his wife and the wife could not bear the cruel behaviour of her husband and for this reason she had taken this extreme step. As there was no good reason to exercise the power under Section 439 of Code of Criminal Procedure, 1973, hence, the Court had rejected the bail application. 

Tagged: Allahabad High Court   medical assistance   bail application   Justice Rahul Chaturvedi   India Penal Code   Code of Criminal Procedure  
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