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Recently the Bombay high court recently gave the benefit of doubt to a man convicted for offences punishable under Sections 498-A and 306 of the Indian Penal Code by Additional Session Judge , Kolhapur, In a judgment dated April 29,2017, and acquitted him of the abetment to suicide charge.
Justice AM Badar held that frequent quarrels with wife after consuming liquor during married life of 17 years may amount to cruelty, as such conduct is harsh and harmful conduct of requisite intensity and persistence, but the same may not be sufficient to infer abetment.
According to prosecution, Mohan Kesade was married to Sushila for 17 years before she committed suicide on April 16, 2015. On the night of the incident ,the accused returned home in the evening after consuming liquor and picked up a quarrel with Sushila. Kesade told Sushila that she should get herself incinerated that she no longer requires her company. Apparently fed up with constant harassment and beating as a result about her character by the accused, Sushila poured kerosene all over her and lit her ablaze. She sustained severe burns and was then admitted to CPR Hospital, Kolhapur.
An FIR took place Kesade was sentenced to two years imprisonment after being held guilty for cruelty towards his wife and five years in prison after being held guilty of abetting her suicide.
The court chose to give benefit of doubt to Kesade on the account of abatement based on the neighbor Rani Dhanwade’s testimony. The court maintained Kesade’s conviction under cruelty but partly allowed his appeal and acquitted him of abetment to suicide.
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