Slap Over Wife’s Stay At Parents’ Home Not 498A Cruelty: Gujarat High Court Acquits Husband In Suicide Case

The Gujarat High Court recently held that a single incident of a husband slapping his wife for staying overnight at her parental home without informing him would not amount to “cruelty” under Section 498A of the Indian Penal Code (corresponding to Section 85 of the Bharatiya Nyaya Sanhita), and on that basis set aside the conviction of a man accused of abetting his wife’s suicide.

Allowing the appeal filed by Dilipbhai Manglabhai Varli, the bench of Justice Gita Gopi quashed the May 20, 2003 judgment of the District Judge, Valsa, which had convicted him under Sections 498A and 306 of the IPC. The trial court had sentenced him to one year’s rigorous imprisonment for cruelty and seven years’ rigorous imprisonment for abetment of suicide.

Premila, who had been married to the accused for about a year, was found hanging in a field on May 11, 1996. The prosecution alleged that she had been subjected to mental and physical harassment by her husband and that such cruelty drove her to take her own life between the night of May 10 and the afternoon of May 11, 1996.

Her father lodged a complaint on May 12, 1996, claiming that the accused used to quarrel with and beat his daughter. It was alleged that he would return home late at night after playing the ‘banjo’ at marriage functions and that disputes frequently arose over this habit. The complaint also referred to an incident a month before her death in which the accused allegedly slapped Premila for staying overnight at her parental home.

During trial, the prosecution examined 11 witnesses and relied on documentary evidence including the inquest panchnama and post-mortem report. Some witnesses initially suspected murder, but the medical officer who conducted the post-mortem concluded that the cause of death was “asphyxia due to hanging”. The doctor noted ligature marks consistent with hanging, found no internal injuries, and recorded that the hyoid bone was intact.

The high court observed that the medical evidence ruled out homicidal hanging and that the case proceeded on the basis of suicide. It then examined whether the prosecution had established cruelty within the meaning of Section 498A of the IPC and whether there was material to sustain a conviction under Section 306 IPC for abetment of suicide.

Court noted that there was no allegation of dowry demand. The primary source of discord between the couple, as emerging from the evidence of the father, mother and brother, was the husband’s practice of going out at night to play the ‘banjo’ and returning late, which the deceased disliked.

It further found that no prior police complaint had been lodged regarding alleged beatings, no community intervention had been sought, and no medical records were produced to substantiate claims of repeated assaults.

Court observed that persistent and unbearable cruelty capable of driving a woman to suicide must be proved through cogent evidence, and that ordinary domestic quarrels would not suffice.

Referring to Supreme Court judgments including M. Mohan v. State (2011) 3 SCC 626 and Hans Raj v. State of Haryana (2004) 12 SCC 257, court reiterated that conviction under Section 306 of the IPC (Corresponding to Section 108 of the BNS) requires proof of a clear mens rea and a proximate act of instigation or intentional aid.

It observed that abetment involves a mental process of instigating or intentionally aiding the commission of suicide and that, even where suicide occurs within seven years of marriage, the presumption under Section 113A of the Evidence Act is not automatic. The prosecution must establish that the cruelty was of such nature as was likely to drive the woman to commit suicide. In the present case, court held that no such direct or proximate act had been proved against the accused.

Holding that the trial court’s findings were erroneous, the high court set aside the conviction and sentence and acquitted the accused of all charges.

Case Title: Dilipbhai Manglabhai Varli vs State of Gujarat

Judgment Date: February 5, 2026

Bench: Justice Gita Gopi