New Delhi: A husband convicted of torturing
his wife cannot be automatically held guilty of abetment of
her suicide, the Delhi High Court has ruled.
The Court passed the order on an appeal filed by a man
challenging the judgement of a lower court which had convicted
him of torturing his wife and abetting her suicide.
"Merely because the court has held that Shailender
(husband) is guilty of subjecting wife to cruelty and has
convicted him under Section 498-A IPC (cruelty) by itself
would not be sufficient to convict him under Section 306
(abetment of suicide)as well," Justice A K Pathak said.
The court set aside the conviction of Shailendra Kumar
for abetting his wife`s suicide but held him guilty for
subjecting her to cruelty.
"Conviction of Shailender under Section 498-A is
maintained. But his conviction under Section 304-B IPC and
sentence awarded therein are set aside," the court said.
In this case, Sonia, a student from Delhi College of
Engineering, committed suicide in 2005.
The Police investigation found that she did not have good
relation with her husband who used to harass her.
The trial court had convicted him for subjecting her to
cruelty forcing her to commit suicide.
"The utterances to the disliking of the deceased and
the other acts of Shailender may be sufficient to attract the
ingredients of offence under Section 498-A IPC but the same
would not be sufficient enough to draw a presumption that he
had abetted her suicide," the court said.