Physical Violence Only in Drunken State Not Cruelty’ U/S 498A IPC: Gujarat HC Acquits Husband Of Abetting Wife’s Suicide
The husband would beat his wife after consuming alcohol, but was otherwise “good” in his conduct
Justice Gita Gopi, Gujarat High Court
The Gujarat High Court has acquitted a husband convicted under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code, holding that allegations of assault committed only while under the influence of alcohol, without proof of wilful harassment or unlawful demand, would not satisfy the statutory definition of cruelty.
The Court noted at the outset that it was not the prosecution’s case that the accused had made any unlawful demand for property or valuable security. The only consistent allegation emerging from the complaint and testimonies of the deceased’s parents and sister was that the husband would beat his wife after consuming alcohol, but was otherwise “good” in his conduct, the court said.
The bench also raised doubt about the incident, that whether it should be considered as ‘suicide’ committed by jumping before the train or ‘accident’ in collision with railway train.
Justice Gita Gopi observed, “For the case to be considered as ‘cruelty’ under Section 498A I.P.C., it would be required to be established that the husband was wilfully beating and harassing with a view to force the wife to commit suicide. It has not been brought on record that the husband was beating the wife in his full senses. The quarrel with the wife was only when the accused was in drunken condition. The police ought to have lodged a case against accused under Prohibition Act by producing the test report of accused’s blood, which could have corroborated the facts of prosecution witness, the parents and the sister, who all consistently stated that the accused would beat the daughter only in inebriated condition. The allegation of consumption of alcohol and thereafter subjecting to the wife to physical violence would not meet the legal definition of cruelty as explained under Section 498A I.P.C. more so when such act has not be proved by any test report”.
"Section 306 of I.P.C. requires active act or direct act connecting the accused for the commission of suicide by deceased. Such a direct or indirect act would lead deceased to commit suicide seeing no other option and this act must have been intended by the accused to push deceased in such a situation that she commits suicide. The absence of corroborative evidence from key-witnesses, who could probably be the neighbours, weakens the prosecution case. It could be considered act of domestic violence, by the husband", the bench further noted.
Advocate H B Shethna appeared for the appellant Rohan H. Rawal APP, appeared for the respondent.
As per the facts, the prosecution case was that the deceased was subjected to harassment and physical assault by her husband, who was allegedly addicted to alcohol, ultimately driving her to commit suicide. The trial court had convicted the husband under Sections 498A and 306 IPC.
However, upon reappreciation of evidence, the High Court noted that the complaint itself disclosed that the deceased had returned to her parental home about a week before the incident, complaining of unbearable beatings.
Despite being aware of the alleged cruelty and the husband’s drinking habits, her parents sent her back to the matrimonial home instead of confronting the accused or seeking legal protection, the court noted.
“This fact of the complaint shows that daughter had come back to the parental house and had stayed there for about a week having made complaint of the unbearable pain she was suffering because of the beatings by her husband, who was alleged to be an alcoholic. The parents instead of confronting the husband had sent the daughter back to face the same cruelty. It appears from the complaint that the father was apprised about the fact of son-in-law, who was addicted to alcohol and beating the daughter. Such beatings were unbearable for the daughter. Inspite of that, the father did not deem fit to stand with daughter and to give courage to remain back at parental house and not to bear any such cruelty...When the daughter comes back to the parents and more specifically to the father with the hope of protection, the action of father not protecting the daughter at such stage of her matrimonial life could also be a ground for commission of suicide, where the daughter would have no recourse except to put an end to her life”, the bench further observed.”, the bench observed.
The Bench remarked that such circumstances may also become a contributing factor leading to extreme steps and that the entire burden of causation cannot automatically be fastened upon the husband without clear proof of instigation or intentional aid as required under Section 306 IPC.
While acknowledging allegations of marital discord and assault, the Court held that the prosecution had failed to establish the essential ingredients of abetment, namely, a clear act of instigation, intentional aid, or a direct nexus between the accused’s conduct and the suicide. The evidence, in the Court’s view, did not meet the threshold of proof beyond reasonable doubt.
The High Court reiterated that in cases under Sections 498A and 306 IPC, courts must carefully examine whether the evidence establishes cruelty of such gravity and proximity that it can legally be said to have driven the deceased to suicide, rather than proceeding on emotional or moral considerations.
Cause Title: X v. State Of Gujarat [Neutral Citation: 2026:GUJHC:3499]
Appearances:
Appellant: H B Shethna, Advocate.
Respondent: Rohan H. Rawal App, Advocate.