The Allahabad High Court has held that providing all necessary medical assistance to save victim’s life, would not go to absolve the applicant from the guilt of the offence committed.
“Only providing the medical assistance to his wife may be justified morally to some extend, but it would not go to absolve the applicant from the allegations of abetment to commit suicide.”
The above observation has been made by Single Bench of Justice Rahul Chaturvedi while dismissing a bail application filed by husband who has been charged for abetting his wife to commit suicide.
The genesis of the case starts from initially lodging of the F.I.R. by one Adil (brother of the deceased) against the applicant and Rajni Singh Thakur under section 498A, 304B I.P.C. and Section 3/4 of D.P. Act.
As per the text of the F.I.R., the sister of the informant got married about six months back according to Muslim Rites and she was subject matter cruel treatment with regard to additional dowry by her husband and other in-laws and after hatching conspiracy the accused persons administered her some poisonous substance and killed her.
The counsel on behalf of the husband has contended that the deceased got married with one Islam and the couple were blessed with a son. Unfortunately that marriage could not survive for long and after seeking divorce from Islam, the deceased again got married with one Naeem. Since the second husband was a habitual drunkard and used to maltreat her, the deceased got separated from Naeem also.
Lastly, about six months back the deceased got married with the applicant as per the version of
the F.I.R. It has been stated by witness Shabnam (sister of the deceased) that about three days back the deceased has given a call to her, expressing her desire to meet his son but the applicant was physically torturing her and not permitting her to meet her son.
After considering the facts and records available, the court has stated that the analogy that the applicant has carried his ailing wife to the hospital and provided her all necessary medical assistance to save her life, would not go to absolve the applicant from the guilt of the offence committed by him.
The applicant has pointed out before the court that it is the applicant who has made all efforts to save the life of his wife and provided all necessary medical succour to her. The court has further observed that:
“The Court can easily fathom and gauge the emotion and sentiments of the mother towards her minor son. With this cruel treatment of her husband, the deceased must have suffered with psychological, emotional and sentimental jerk and in this stage of mental turmoil, she has taken 4 this extreme step.”
The court while placing reliance on the judgment of Apex Court in the case of Chitresh Kumar Chopra vs State (Govt. of NCT of Delhi), 2009 16 SCC 605 has dismissed the present bail application.
Case details:
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37032 of 2020
Applicant :- Sameer Ali Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishr
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