Mumbai, Jan 20 (PTI) A court here has discharged a man, charged with abetting his wife's suicide in 1987, from the case holding that "there is no propriety" in keeping the matter pending for years.
The allegation against the accused was "general in nature" and even the informant (victim's brother) did not want to proceed with the matter, noted additional sessions judge R B Rote in his ruling passed earlier this month.
The case was pending for more than 35 years and the whereabouts of the accused were not known, the judge said.
"The prosecution could not secure the presence of other witnesses. Therefore, there is no propriety in keeping the matter pending for years together," the court held.
As per the prosecution, Sukhdeo Sharma ill-treated his wife Rita which led to her suicide. Rita, who had married Sharma only two years earlier after the death of her first husband, hanged herself on May 28, 1987.
A case was registered against Sharma under Indian Penal Code (IPC) sections 498-A (cruelty by husband or relatives) and 306 (abetment of suicide). But he remained untraceable despite the issuance of Non-Bailable Warrants.
The court said that despite ample opportunity, the prosecution could only secure the presence of one witness, the deceased woman's brother.
Even his testimony consisted of general allegations without specific instances of cruelty. The First Information Report (FIR) was based on "suspicion" rather than concrete evidence, the court said.
considering the "oldness of the matter and material on record, this is a fit case for discharging the accused", the judge said. PTI AVI KRK
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