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Criminal LawSupreme Court of India

Ghusabhai Raisangbhai Chorasiya & Ors. v. State of Gujarat

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 262 of 2009)Decided 18 Feb 2015
Criminal Appeal No. 262 of 2009
Justice Sudhansu Jyoti Mukhopadhaya · Justice Dipak Misra

Background

The deceased woman died by suicide in March 2004 after years of marital discord; her husband and in-laws were convicted by the trial court and High Court of cruelty (Section 498A), abetment of suicide (Section 306), and destruction of evidence (Section 201) for allegedly driving her to suicide, partly through the husband's alleged extramarital relationship with his co-accused. The accused appealed, arguing the evidence did not establish the kind of cruelty needed to sustain these convictions.

Decision Breakdown

The Supreme Court held that while there was no dowry demand, the real question was whether the alleged cruelty, rooted in the husband's extramarital relationship, was of a degree likely to drive the deceased to suicide, relying on its own precedent in Pinakin Mahipatray Rawal v. State of Gujarat. It found that even if the illicit relationship were proven, the evidence did not show conduct so severe as to amount to "cruelty" under Section 498A's first limb, and consequently the abetment-of-suicide charge under Section 306 could not stand either. As for the other accused (in-laws), the Court found the evidence against them "sketchy and not convincing." The convictions and sentences of all appellants were set aside and the appeal was allowed.

Lesson Learnt

A mere extramarital affair by a spouse, even if proven, does not automatically amount to the "cruelty" required to convict under Section 498A or to sustain an abetment-of-suicide charge under Section 306: the prosecution must show conduct severe enough to have actually driven the victim to take her own life.

Ghusabhai Raisangbhai Chorasiya & Ors. v. State of Gujarat – Legal Case Shots | LegalAware