The Madras High Court Bench here has set aside the conviction and five-year rigorous imprisonment imposed on a person for abetting his wife to commit suicide after recording his submission that he was willing to deposit Rs.50,000 in the name of their daughter who was seven months old when the woman died on September 20, 2004.
Allowing a criminal appeal filed by Ganesan of Tirunelveli district, Justice M. Sathyanarayanan held that the appellant was entitled to be acquitted by according the benefit of doubt.
He also pointed out that sufficient materials had not been placed before the High Court to confirm the conviction as well as sentence imposed by a Mahila Court on May 17, 2007.
“No doubt, the death of the daughter of Prosecution Witnesses 1 and 3 had occurred within two years from the date of her marriage and at the time of tragic demise, she had a girl child aged seven months. However, the prosecution through the testimonies of witnesses and exhibits have failed to establish the commission of the offence under Section 306 of Indian Penal Code,” the judge observed.
He went on to state that the counsel for the appellant, who had married another woman after the suicide of his first wife, made a “fair submission” that his client was willing to deposit Rs.50,000 in the name of his daughter since his efforts to take custody of the child from her maternal grandparents had failed.
“This court hopes and trusts that the appellant will adhere to the undertaking,” the judge added.
“This court hopes and trusts that
the appellant
will adhere to
the undertaking”
