Court acquits 4 in woman suicide case; says marital discord doesn't constitute cruelty in eye of law

Thane, Dec 23 (PTI) A court in Maharashtra's Thane has acquitted a man and his three family members accused of abetting his wife's suicide for dowry demand, citing lack of evidence, and said "marital discord or ordinary wear and tear of matrimonial life do not constitute cruelty in the eye of law".

The evidence failed to establish a "proximate and live link" between the conduct of the accused and the suicide, Additional Sessions Judge V L Bhosale said in her order delivered on December 17, adding that "suspicion, however strong, cannot substitute proof".

The judgement concluded a legal battle that began with the suicide of Kavita Prasad Ajarekar in January 2010.

The accused, her husband Prasad Sadashiv Ajarekar, his brother Sanket, sister Prerna and father Sadashiv Bhimrao Ajarekar, from Thane city, were facing charges under the Indian Penal Code (IPC) sections 498A (husband or the relative of the husband of a woman, subjecting her to cruelty), 306 (abetment of suicide), and 304B (dowry death).

The prosecution argued that Kavita was subjected to persistent mental and physical cruelty within seven years of her marriage, ultimately driving her to suicide at her parental home.

While additional public prosecutor R P Patil appeared for the prosecution, the accused were defended by Jaydeep Thakkar.

In a detailed 38-page judgment, the court analysed testimony of 12 witnesses, including the victim's father, cousins and friends, as well as hand-written chits left by the deceased. Despite the emotional distress documented in these notes, the judge found that they did not meet the rigorous legal threshold for criminal conviction.

"The prosecution evidence shows marital discord and that the deceased complained of harassment, (but) the prosecution fails to establish beyond reasonable doubt that the accused subjected the deceased to 'cruelty' as defined in Section 498-A IPC," the court said.

"General allegations, marital discord, incompatibility, or ordinary wear and tear of matrimonial life do not constitute cruelty in the eye of law," it said.

"The act of suicide must be a direct consequence of the accused's conduct and not the result of the victim's personal sensitivity or psychological condition," it said.

The court noted testimony from a psychiatrist suggesting the victim suffered from masked depression.

"Where the prosecution evidence does not clearly establish instigation/aid, the presence of credible psychiatric vulnerability makes it unsafe to conclude beyond reasonable doubt that the accused's conduct was the direct, intentional cause of the suicide," it said.

The court said it did not find any proof of financial demands.

"The prosecution has failed to establish the very existence of a dowry demand, much less cruelty linked to such a demand. In the absence of proof of dowry demand, the statutory chain necessary for Section 304-B IPC breaks at the threshold," it said.

The court stressed that in criminal jurisprudence, "Suspicion, however strong, cannot substitute proof." Finding that the evidence failed to establish a "proximate and live link" between the conduct of the accused and the suicide, the court ordered the immediate acquittal of all four family members. PTI COR NP