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The Delhi High Court came across a case where the husband of the accused committed accused three days after the dispute between him and his wife. According to the allegations, the wife slapped her husband before his family members, and this apparently caused embarrassment to him. Disputes began right after their marriage, and the wife expressed her willingness to leave for her parents’ home.
Justice Sanjeev Sachdeva observed that the mere act of slapping did not necessarily constitute abetment to suicide. Even if it were considered to be an abetment, the act would not cause any reasonable man to commit suicide under the normal circumstances. The husband passed away on August 5, 2015, leaving a suicide note, which was recovered by the police later. As per the FIR, the husband felt embarrassed about the slapping incident and wrote about the same just a day before his suicide. The trial court took cognisance of the proximity of the suicide with the incident and framed charges against the wife.
The Delhi High Court found the trial court to have erred in its order. The Trial Court did not consider the fact that the suicide happened three days after the alleged slapping incident, and there was no evidence to suggest that the petitioner instigated her husband to commit suicide. In addition to this, the suicide note exhibited no connection to the incident of slapping but shed light on other drastic issues.
Therefore, the Court found in its opinion the trial court to have erred in framing charges against the petitioner and said that grave suspicion is required to frame charges against a person. The facts and allegations did not suggest abetment to suicide on the part of the wife of the deceased, which brought the court to a culmination that the petitioner was not an offender under section 306 of the Indian Penal Code. IN light of the findings, the High Court set aside the order of the Trial Court.
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