Bombay High Court upholds acquittal of man accused of ill-treating sister-in-law who killed herself

The Bombay high court recently upheld the acquittal of a man charged with harassing his sister-in-law by not allowing her to cook food, allegedly because of which she committed suicide in 1988.

Justice Sadhana Jadhav, while acquitting Sunil Pevekar, a resident of Vashi, said, "The act alleged against (Pevekar) is he had not allowed Smita to cook. The accused #2 (mother who expired) would be in charge of domestic chores. Pevekar was not concerned as to who cooked the food. In view of this, it cannot be said that prosecution has established the guilt of the accused under section 498 (A) of the Indian Penal Code."

The state government had challenged the acquittal order passed in 1996 by the Thane sessions court. As per the prosecution's case, the deceased, Smita, had married the accused's brother Sharad. On August 3, 1988 she committed suicide by drinking insecticide. The police initially registered an accidental death case but on receipt of a suicide note by Smita, they lodged a case of abetment to suicide and harassment against the accused.

During the trial, the prosecution examined 13 witnesses to establish the guilt of the accused but the trial court did not find enough evidence to prove the charges. This order was challenged in the high court.

The prosecution argued, "The nature of harassment and ill-treatment has not been specified, but at the same time, court cannot be oblivious to the fact that Smita was constrained to commit suicide as she could not bear the harassment at the hands of the accused persons."

However, the court, after going through the evidence on record and the reliance by the prosecution on the suicide note, held the acquittal correct and dismissed the state government's appeal.