High Court Upholds Acquittal in Suicide Case, Finds “No Evidence of Abetment” and “Lack of Nexus”High Court Upholds Acquittal in Suicide Case, Finds “No Evidence of Abetment” and “Lack of Nexus”

In a significant judgment delivered by the High Court of Jammu & Kashmir and Ladakh at Jammu, the court upheld the acquittal in a suicide case, emphasizing the “no evidence of abetment” and “lack of nexus” between the accused’s actions and the tragic incident. The court dismissed the criminal appeal filed by the State of J&K against Tariq Hussain, who had been acquitted by the trial court of charges under Sections 306/498-A RPC in FIR No. 57/2008 of Police Station, Basohli.

The judgment stated, ”There is nothing on record to suggest that respondent ever intended or actively participated to abet the commission of suicide by the deceased, therefore, offence under Section 306 IPC is not made out.” It further noted, “All independent witnesses examined by the prosecution have testified that relations between the couple… were cordial,” highlighting the lack of evidence to establish abetment.

The court’s analysis centered on the requirement to prove intentional aid and active participation in abetment cases. It highlighted that the victim’s dying declaration indicated no direct nexus between the accused’s actions and the suicide, stating, “It appears that his intention was only to get rid of the victim and he could not have thought of any consequences that his wife would go and commit suicide due to such utterances.”

Addressing the charges under Section 498-A RPC, the court emphasized the need to establish a reasonable nexus between cruelty and suicide. It stated, “The prosecution has failed to establish any such nexus… Witness testimonies, including those of the victim’s parents, were inconsistent, and independent witnesses testified to the victim’s short-tempered nature.”

Consequently, the High Court upheld the trial court’s acquittal, stating, “There is absolutely no doubt that unfortunately the deceased took the extreme step to end her life on account of misunderstanding with her husband… There is nothing in the prosecution evidence to suggest that respondent ever intended or participated to abet committing of suicide by the deceased.”

This judgment serves as a reminder of the importance of substantial evidence and the need for a clear nexus in cases involving suicide and abetment. It highlights the significance of careful scrutiny of witness testimonies and a thorough examination of circumstances to determine culpability. The court’s decision underscores the requirement to establish intentional aid and active participation for charges of abetment.

Date of Decision: 15th June 2023

State of J&K  vs Tariq  Hussain