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| Court discharges husband, Ors from charges of abetment to suicide | | ‘Charges framed against husband for cruelty’ | | Early Times Reporter
Jammu | Dec 7
2nd Additional Sessions Judge, Jammu, Mr. AK Koul today discharged four accused, including the husband of the deceased, from the charges of abetment to suicide but framed charges against the husband of the deceased u/s 498-A RPC (cruelty).
On June 4, 2007 deceased was found to have been run over by the train. Since the cause of death was not known so inquest proceedings u/s 174 Cr PC were started. Some evidence was collected and one of the important witnesses were examined was father of deceased. Being an important witness, his statement was recorded in which the witness stated that the deceased Fiya Bibi was married to Lal Din s/o Karim Baksh r/o Mein Sarkar Tehsil & District Samba more than seven years before occurrence. Their relationship was cordial for 2-3 years but it ran into rough weather when the couple started quarreling over trifles. Deceased as per statement of her father faced a hostile atmosphere at the hands of her husband, father-in-law, mother-in-law and Safia Bibi a relative of her husband. Settlement was tried but failed and it was alleged that she lived with her husband separately and peacefully but then her husband allegedly developed illicit relations with some lady which again created wedge between deceased and her husband. The husband of deceased made it public that he would marry the lady with whom he had developed extra marital relationship and thereafter the deceased committed suicide.
2nd Additional Sessions Judge, after referring various judgments of the Supreme Court and after hearing APP for the State and Adv PN Goja, appearing for the accused persons observed that in view of the legal position, the Court do not see any reason to proceed with the trial against Karim Baksh father-in-law of the deceased, Khurshid Bibi mother-in-law and Safia Bibi w/o Kayim Din because they do not appear to be even remotely involved with the commission of crimes as such they are discharged at the stage of framing charges. Regarding the liability of the husband of the deceased u/s 306 (abetment to suicide) so far as legal positions, Court is of the firm view that the allegations leveled against him do not perse constitute an offence u/s 306 RPC and the material on record even if taken cumulatively does not make out a case for framing charges against the husband of deceased u/s 306 RPC and he is discharged of the said offence. However, his conduct in physically assaulting the deceased, creating extra martial relationship is in the ordinary course sufficient to constitute an offence u/s 498-A Cr PC. He has subjected his deceased wife to cruelty as defined u/s 498-A RPC and so accused husband of deceased deserves to be charged u/s 498-A RPC and he is accordingly charged for the said offence and the case was transferred to CJM Jammu for trial under law. JNF |
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