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The Calcutta High Court in a recent upheld the conviction of a husband for abetment of his wife's suicide. The Bench of Justices Joymalya Bagchi and Bivas Pattanayak observed,
"...life of Bimali (deceased wife) at her matrimonial home was a bed of thorns. Her husband, Shyamal inflicted inhumane torture upon her. Unable to bear such torture, she decided to take her own life."
Shyamal and Bimali married each other, which was not accepted by Bimali's family. She was consistently assulted at her matrimonial home resulting in injuries and hospitalisation has remained. Two days’ prior to the incident she had been physically tortured for three days due to non-availability of food in the house. Counsel for Shyamal argued that there is no evidence of such torture. Rejecting such contention, the Court observed that,
Torture of housewife takes place within four corners of her matrimonial home. Hence, it is not possible for the neighbours to witness the torture meted upon her. It is also natural that a housewife would not ordinarily disclose incidents of torture to outsiders but only to those on whom she reposed faith and confidence.
The Court found that Bimali had infact confided to her sister which was corroborated by other witnesses.
Basis the evidence on record the Court observed,
"I am convinced the live link between torture meted out by Shyamal upon his wife and her ultimate act of self-extermination is clearly established. Ample evidence has come on record that the housewife was subjected to torture and was compelled to commit suicide within six years of marriage."
The Court thus upheld the conviction sentencing Shyamal to seven years of rigorous imprisonment stating,
"Evidence on record shows a pitiable condition in the matrimonial home of Bimali where she was tortured for non-availability of food. Poverty, though acute, cannot be a justification for the husband to perpetrate torture upon his wife and compelling her to commit suicide."
Budhin Soren -Vs- State of West Bengal
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