Whether offence of abetment to commit suicide is made out if wife commits suicide in her matrimonial home?
Budhiyarinbai (PW4) has also admitted in her cross-examination that her daughter Jamunbai used to come to the maternal house on every occasions of Tijafestival and after the festival they used to take her to her matrimonial house. She also admitted that father of her daughter used to go to the matrimonial house of their daughter and return after knowing well being of their daughter. She further admitted that they did not report about assault or beating to their daughter nor did they call any panchayat meeting in this regard. In paragraph 8, she has categorically admitted that during the period of 4 years their daughter never complained of any assault on her. In paragraph 9 also, she admitted that her daughter was coming to her maternal house happily and was returning to her matrimonial house happily. She never refused to go back to her matrimonial house.
14. From the above statements of Chintaram (PW3) and Budhiyarinbai (PW4), it is clear that their daughter/deceased used to visit at her maternal house on every occasions of Tija festival. It is also clear that father of the deceased also used to visit the matrimonial house of the deceased. From the admission of Budhiyarinbai (PW4) in paragraph 8, it is also clear that the deceased never complained of beating to her by the in-laws during the period of 4 years. From her admission, it is further clear that the deceased was happily going to her matrimonial house and she never refused to go to her matrimonial house. From the statements of both these witnesses, it is clear that there were small domestic issues between the deceased and her in-laws and she was not having any grievance against the issues.
15. Baliram (PW7), brother-in-law (Jija) of the deceased has stated that once he had gone to the matrimonial house of the deceased. At that time, the Appellants had not talked to him, therefore, he had returned therefrom. At that time, the deceased had told him that whenever any of her relatives visits there, they do not talk to the relative. She had also told him that after returning of the relative, they beat her. In paragraph 6 of his cross-examination, he has admitted that this incident took place before 2 years of the death of the deceased. He further admitted that during those 2 years, he never listened about any beating given to the deceased by her in-laws. From the above also, the prosecution case does not find support.
In the High Court of Chhattisgarh at Bilaspur
(Before Arvind Singh Chandel, J.)
Chhannu, S/o Tikaram Sahu,
v.
State of Madhya Pradesh (now Chhattisgarh) .
Criminal Appeal No. 2537 of 1999
Decided on November 6, 2017,
Citation:
|
2017 SCC OnLine Chh 1234
|
