No Proof Of Incitement: Delhi High Court Upholds Acquittal In Husband’s Suicide Case (Photo on Delhi High Court website @https://delhihighcourt.nic.in/web/node/67)
New Delhi: In a significant ruling, the Delhi High Court has upheld the acquittal of a woman and her brothers who were accused of abetting the suicide of her husband, stating that the evidence on record did not establish any proximate act of incitement. The appeal, filed by the deceased man’s father, was dismissed on July 10, 2025 by Justice Neena Bansal Krishna.
The woman and her brothers (Respondents 2 to 6) were represented by advocates Aashish George and Jibin Jose, who successfully argued that there was no legal basis to interfere with the findings of the Trial Court. Appearing for the State was Additional Public Prosecutor Shoaib Haider, assisted by SI Satish Kumar.
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The case relates to the death by suicide of a man who hanged himself on May 2, 2010. The next day, his father submitted a suicide note to the police, allegedly written by the deceased, in which he blamed his wife and in-laws for harassment that drove him to take the extreme step. However, in its February 2020 judgment, the Trial Court acquitted the accused, citing insufficient evidence to sustain a conviction under Sections 306 and 34 of the Indian Penal Code.
Dissatisfied with the acquittal, the deceased’s father, Shiv Shankar, filed a criminal appeal under Section 372 of the Criminal Procedure Code. He contended that the Trial Court had erred in discounting the suicide note and disregarding the testimonies of the deceased’s parents, which he claimed corroborated the note’s allegations of harassment.
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Justice Bansal Krishna, however, found no substance in the appeal. The Court observed that while the deceased may have been suffering from emotional distress due to marital discord, there was no proof of any direct or immediate provocation by the accused. Significantly, the suicide note was undated and only surfaced after the deceased’s death, diminishing its evidentiary weight despite a handwriting expert confirming its authenticity.
The Court reaffirmed the settled legal principle that vague or generalised allegations, including unhappiness within a marriage, are not sufficient to constitute abetment of suicide. In the absence of any direct or specific act of instigation or incitement on the part of the accused near the time of the death, a conviction under Section 306 IPC cannot be upheld.
Justice Bansal Krishna concluded that the findings of the Trial Court were sound and did not warrant interference. The appeal was dismissed accordingly.
