Gujarat HC Upholds Husband, In-Laws’ Acquittal After Wife Dies In Well, Finding No Reliable Proof Of Dowry Harassment

Pushpaben, married to respondent No. 1 for approximately six years, died after falling into a well. The prosecution alleged that her husband and his relatives harassed her over demands for a television and a plot, and because she had not conceived; her father lodged the complaint.

The respondents were charged under Sections 498A, 306 and 114 of the Indian Penal Code (IPC). The Sessions Court acquitted them on 11 March 2016, and the State appealed under Section 378(1)(3) of the Code of Criminal Procedure.

Section 498A IPC criminalises a husband’s or relative’s cruelty, including wilful conduct likely to drive a woman to suicide or harassment connected with an unlawful demand.

Under Sections 306 and 107 IPC, abetment of suicide requires proof of instigation, conspiracy, or intentional aid.

Section 113A of the Indian Evidence Act permits a presumption of abetment where a married woman commits suicide within seven years of marriage and cruelty by her husband or his relative is established; the Court also considered the asserted presumptions under Sections 113A and 113B, holding that they could not be invoked without cogent foundational evidence.

On an appeal against acquittal, the appellate court may review the evidence, but must account for the strengthened presumption of innocence; where two reasonable views are possible, the acquittal should not be disturbed [applying Chandrappa v. State of Karnataka, (2007) 4 SCC 415, and subsequent authorities].

The Court found material weaknesses in the evidence of alleged demands and cruelty. The complainant said he paid Rs. 25,000 for a television, while PW-3 testified to Rs. 30,000; the independent witness said to have been present was not examined.

The mother gave no specific details of cruelty, and the panch witness did not support the prosecution; utensils near the well were consistent with the possibility that Pushpaben had gone there to fetch water and fallen accidentally.

Although the death occurred within seven years of marriage, the prosecution had not established cruelty or harassment sufficient to trigger a statutory presumption, nor had it proved conduct amounting to abetment of suicide.

The acquittal was therefore a reasonable view of the evidence, not a perverse one warranting appellate intervention.

The State’s appeal was dismissed, the acquittal was confirmed, the respondents’ bail bonds were cancelled, and the record and proceedings were directed to be returned to the Trial Court.