No cruelty sans wilful conduct causing grave health injury: HC

Kolkata: Observing that cryptic allegations without stating nature of torture can’t trusted, Calcutta High Court acquitted husband and in-laws in a case where the wife died after consuming poison due to alleged torture for dowry.

The bench of Justice Prasenjit Biswas was moved by the husband and in-laws challenging the conviction by the trial court under Section 498A (cruelty against wife by husband or husband’s kin).

The father lodged a police complaint alleging his daughter (victim) faced physical and mental torture from her husband and in-laws due to non-fulfillment of a dowry demand for a gold earring. She committed suicide by consuming poison, allegedly driven by the unbearable torture. She died in the hospital. The husband and in-laws were charged for cruelty and abetment of suicide. The trial court acquitted them for abetting suicide but convicted them for cruelty. The appellants’ counsel submitted inconsistencies in prosecution evidence, such as one witness said the victim before her death said she took poison due to torture while another deposed that victim was in a coma and unable to speak.

The autopsy report found no injuries on the victim’s body, undermining claims of physical torture. There is a lack of specific allegations.

The investigating officer (IO) was not examined. Certain witnesses relied on second-hand information.

The court noted discrepancies regarding the timing of the FIR and inquest report, raising doubts about the sequence of events. Other contradictions in witness testimonies were noted along with absence of physical injuries in autopsy report and non-examination of IO.

The court observed that the prosecution failed to establish that the appellants’ willful conduct drove victim to suicide or caused grave injury, a prequisite for conviction under Section 498A.

The court set aside the trial court’s judgement and order.