Chhattisgarh High Court Observes: Occasional Quarrels or Drinking Cannot Be Treated as Cruelty

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Husband Acquitted in Wife’s Suicide Case

Bilaspur:
The Chhattisgarh High Court has acquitted Pawan Prajapati, a resident of Dhamtari, in a case related to his wife’s suicide. Justice Naresh Kumar Chandravanshi, while setting aside the trial court’s conviction, observed that the prosecution failed to establish that the accused had abetted his wife’s suicide or treated her with such cruelty that she was compelled to take her life.

The incident dates back to December 6, 2019, in Sihawa police station area, Dhamtari district. Pawan’s wife, Basanti Bai, died after catching fire inside her house. Pawan himself informed the police about the incident. During the investigation, the police seized burnt clothes, tyre pieces, a matchbox, and a kerosene bottle from the spot. The post-mortem report confirmed death due to asphyxia caused by burn injuries (3rd to 4th degree).

Following the inquiry, police booked Pawan under Sections 306 (abetment of suicide) and 498A (cruelty by husband) of the IPC, alleging that he often beat his wife after consuming alcohol and taunted her for giving birth to daughters. In December 2021, the trial court had sentenced him to five years’ imprisonment under Section 306 and one year under Section 498A.

Arguments in Appeal

In appeal, the defence counsel D.N. Prajapati argued that there was no concrete evidence of abetment or cruelty. The deceased had never filed a police complaint, nor did her daughters or relatives allege severe domestic violence.

The State, however, argued that Pawan’s behaviour was cruel and mentally disturbing for his wife, which drove her to suicide.

Court’s Observation

The High Court, after analysing witness testimonies, medical findings, and social circumstances, noted that the deceased’s daughters and sister-in-law stated there were no quarrels between the couple. The deceased’s brothers only mentioned that Pawan occasionally assaulted his wife after drinking, but they could not specify the frequency.

The court held that occasional quarrels or alcohol consumption cannot be categorised as cruelty or abetment of suicide. Referring to several Supreme Court precedents, the bench ruled that a person cannot be convicted solely based on general allegations or minor domestic disputes.

Verdict

Finding the prosecution’s case unproven, the High Court set aside the conviction and acquitted Pawan Prajapati of both charges under Sections 306 and 498A of the IPC. The court also directed that since the accused is already on bail, he need not surrender, and his bail bond will remain valid for six months.