Harassment not abetment to suicide: Court | India News – Times of India

Mumbai: Ruling that even if the husband was harassing his wife under the influence of liquor, it did not establish that he abetted his wife’s suicide or did something to facilitate it, a sessions court acquitted a 39-year-old man who was accused of abetting his wife’s 2015 suicide. The court held that there was no evidence to show that the man, Naresh Chavda, took an active role in the commission of the offence.
The victim, Mamta Chavda, mother to a young boy, hung herself at their Mulund home on June 14, 2015. Her family had alleged that the accused used to drink alcohol and beat her.
The court said there was no evidence whatsoever to show that in the moments before the suicide, the accused and Mamta quarrelled with each other and that the accused instigated her to die by suicide. “Thus, the onus which was on the prosecution to show the circumstances which compelled the deceased to take the extreme step of suicide is not discharged,” the court said. The accused has been out on bail.
The court also said there was nothing in the evidence of prosecution witnesses that Mamta was left with no option but to commit suicide. “In fact, there were no quarrels, no beatings, no hurling of abuses on the part of the accused to Mamta after she along with the accused reached their matrimonial home from the house of their grandmother in the night and the following day till the time of said unfortunate incident,” the court said.
From the evidence of witnesses, the court found that after the accused and the victim had a love marriage, they began to reside in a rented home. The victim, a BMC sweeper, was allotted accommodation by the civic body but it was occupied by her brother and grandmother, both witnesses in the case who had deposed against the accused.
The court pointed out that the accused had to pay rent towards use and occupation of his home even as his wife was allotted an accommodation by the BMC. The court further said that Sagar Sardara, the victim’s brother and Vijaya Sardara, the victim’s grandmother, were aggrieved against the accused as he wanted them to vacate the house which was in his wife’s name so that he could move there with his family. “The said expectations of the accused cannot be faulted with as he was required to pay rent for the house in which he was residing with his family,” the court said.

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