Frequent, inebriated quarrels amount to cruelty, not abetment to wife’s suicide: Bombay High Courthttps://indianexpress.com/article/cities/mumbai/frequent-quarrels-amount-to-cruelty-not-abetment-to-wifes-suicide-bombay-high-court-5475479/

Frequent, inebriated quarrels amount to cruelty, not abetment to wife’s suicide: Bombay High Court

According to the prosecution, Kesade was addicted to alcohol, suspicious of his wife’s character and he would also beat her up.

Frequent, inebriated quarrels amount to cruelty, not abetment to wife’s suicide: Bombay High Court
The court acquitted Kesade from abetment of suicide charges and upheld his conviction under Section 498 A of the IPC, sentencing him to two years imprisonment. (File)

The Bombay High Court recently acquitted a man charged with abetting his wife’s suicide and observed that frequent, inebriated quarrels with the wife may amount to cruelty but not abetment to suicide.

Mohan Kesade, the husband, had appealed against an order passed by the Assistant Sessions Judge, Kolhapur, finding him guilty under sections 306 (abetment of suicide) and 498 A (husband or relative of husband of a woman subjecting her to cruelty) of IPC and sentenced him to five years of imprisonment.

According to the prosecution, Kesade was addicted to alcohol, suspicious of his wife’s character and he would also beat her up. One day, fed up with the constant harassment and thrashing, his wife Sushila poured kerosene on herself and immolated herself.

Sushila was admitted to the nearest hospital but she did not survive. The court noted that Sushila’s daughter heard the oral dying declaration of the woman that Kesade came to the house under the influence of alcohol, beat Sushila up with a wooden bat and hence, Sushila set herself ablaze.

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Justice A M Badar held that the prosecution had brought enough evidence on record to show that even after 17 years of married life and three children together, Kesade used to suspect his wife’s character.

The statement of an independent witness, a neighbour of Sushila, does not mention about Kesade’s suspicion or he beating up Sushila.

The court, based on the neighbour’s statement, said Kesade is certainly entitled for benefit of doubt as far as suspicion about the character of his wife and frequent beating were concerned.

On addiction to alcohol and frequent fights between the couple, Justice Badar said: “Though such frequent quarrels with a married woman after consuming liquor in a marriage of 17 years may amount to cruelty, … the same may not be sufficient to infer abetment.”

The court acquitted Kesade from abetment of suicide charges and upheld his conviction under Section 498 A of the IPC, sentencing him to two years imprisonment. The Bombay High Court recently acquitted a man charged with abetting his wife’s suicide and observed that frequent, inebriated quarrels with the wife may amount to cruelty but not abetment to suicide.

Mohan Kesade, the husband, had appealed against an order passed by the Assistant Sessions Judge, Kolhapur, finding him guilty under sections 306 (abetment of suicide) and 498 A (husband or relative of husband of a woman subjecting her to cruelty) of IPC and sentencing him to five years of imprisonment.

According to the prosecution, Kesade was addicted to alcohol, suspicious of his wife’s character and he would also beat her up. One day, fed up with the constant harassment and thrashing, his wife Sushila poured kerosene on herself and immolated herself.

Sushila was admitted to the nearest hospital but she did not survive. The court noted that Sushila’s daughter heard the oral dying declaration of the woman that Kesade came to the house under the influence of alcohol, beat Sushila up with a wooden bat and hence, Sushila set herself ablaze.

Justice A M Badar held that the prosecution had brought enough evidence on record to show that even after 17 years of married life and three children together, Kesade used to suspect his wife’s character.

The statement of an independent witness, a neighbour of Sushila, does not mention about Kesade’s suspicion or he beating up Sushila.

The court, based on the neighbour’s statement, said Kesade is certainly entitled for benefit of doubt as far as suspicion about the character of his wife and frequent beating were concerned.

On addiction to alcohol and frequent fights between the couple, Justice Badar said: “Though such frequent quarrels with a married woman after consuming liquor in a marriage of 17 years may amount to cruelty, … the same may not be sufficient to infer abetment.”

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The court acquitted Kesade from abetment of suicide charges and upheld his conviction under Section 498 A of the IPC, sentencing him to two years imprisonment.