Woman's suicide: HC raps Haryana police for improper probe

Saurabh Malik

Advertisement

Chandigarh, November 15

If the life of a woman as a daughter-in-law is important, it cannot be forgotten that mother-in-law, too, is a woman. She cannot be punished merely because she is the mother of an unfortunate son, whose wife committed suicide.

Violation of fundamental rights

Punishment in the form of incarceration (of a husband and a mother-in-law) for more than year without their fault, due to lack of proper investigation, has amounted to violation of fundamental rights guaranteed by Articles 14, 19 and 21 of the Constitution. HC Division Bench

The assertion by the Punjab and Haryana High Court came as it held that the incarceration of a husband and a mother-in-law for more than a year without their fault resulted in the violation of their fundamental rights

“Justice should not be only done, but it must be seen to be done. Punishment in the form of incarceration for more than year without fault and due to the lack of proper investigation has amounted to violation of fundamental rights guaranteed by Article 14, 19 and 21 of the Constitution of India,” a Division Bench observed.

The Bench was hearing an appeal filed by the State of Haryana against the acquittal of the husband and the mother-in-law by Jhajjar Additional Sessions Judge (Exclusive Court), in a case registered on November 3, 2018, for murder and other offences under Sections 302, 304-B and 34 of the IPC.

The Bench, during the course of hearing, was told that the FIR was registered on the basis of a complainant by the father of the deceased against the husband, the mother-in-law and other relatives. But the police after completing the probe, filed the final investigation report under Section 173 of the CrPC against the husband and the mother-in-law.

The trial court after considering the depositions of the witnesses and the documents on record, came to the conclusion that the prosecution had failed to bring home the guilt of the accused beyond reasonable doubt. Taking up the matter, the Bench asserted that the complainant did not challenge the non-filing of the challan against others in the family, indicating that he lodged a false complaint against them.

The Bench added that the respondents were arrested on November 3, 2018, and remained in custody till the trial’s conclusion. It was a well-known fact that the arrest caused mental agony as well as harassment.

The High Court Bench asserted: “The arrest of a family member not only affects the person detained, but also the entire family as well the relatives. It tarnishes the reputation which, sometimes, is not gained for next couple of years or generations to come,”

It added that the respondents were acquitted. Yet suffering without fault amounted to injustice. Making it clear that the trial court’s order did not suffer from any infirmity, the Bench added that it rightly concluded that there was no specific instance of dowry demand, maltreatment or harassment to woman soon before she committed suicide.