Inconsistencies in Dying Declarations and Lack of Evidence in Abetment to Suicide Lead to Acquittal – Bombay High Court

In a significant judgment, the Bombay High Court acquitted all appellants in a case of abetment to suicide and cruelty under Sections 306 and 498-A of IPC. Justice Abhay S. Waghmare observed inconsistencies in the dying declarations and insufficient evidence to substantiate the charges.

Amrut s/o Pundalik Marathe and others appealed against their conviction for abetting the suicide of Shobhabai and inflicting cruelty. The trial court's decision, based on dying declarations and testimonies of family members, was overturned due to inconsistencies and lack of conclusive evidence linking the accused to the suicide.

Facts and Issues: The appellants were charged with persistently and continuously ill-treating Shobhabai, leading to her suicide. The evidence included two dying declarations and testimonies of family members and neighbors. The primary issue was whether these evidences sufficed to establish abetment to suicide and cruelty under the relevant IPC sections.

Inconsistencies in Dying Declarations: The court noted discrepancies between the two dying declarations of Shobhabai, affecting their credibility.

Testimonies of Family Members: The testimonies of Shobhabai's sons and husband were scrutinized, revealing discrepancies and a lack of clear linkage to any abetment.

Legal Position on Abetment and Cruelty: The court reiterated the legal requirements for charges under Sections 498-A and 306 IPC. It was found that the evidence did not meet the necessary standards for abetment or cruelty.

Decision: The Bombay High Court acquitted all appellants, canceling their bail bonds and ordering a refund of any fine deposited. The court emphasized the need for clear evidence of incitement, instigation, or aiding in the act of suicide for charges under Sections 306 and 498-A of IPC.

Date of Decision: 12.03.2024

Amrut and Ors. Versus The State of Maharashtra