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The SC sets free from charges the husband, whose wife committed suicide due to alleged extra marital affair of husband.

Supreme Court of India

Justice L Nageswara Rao and Justice Hemant Gupta

The wife of the appellant / accused committed suicide on the alleged Extra marital affair of the appellant, and on which, the appellant was  chargesheeted, and the trial court convicted the appellant under Section 498 A and Section 306 IPC. Against which, the appellant / accused preferred the appeal, and the High Court while setting aside the conviction under section 306 IPC of the appellant, upheld the conviction and the sentence under Section 498 A IPC of the trial court. The said conviction was assailed before the Supreme Court {Wasim versus State NCT of Delhi} by the appellant.

The Supreme Court while allowing the Appeal and setting aside the conviction of the appellant under Section 498 A IPC, holds that in the present case the High Court recorded categorical finding that neither mental nor physical cruelty on the part of the appellant was proved, therefore, it was held by the SC that the conviction under Section 498 A IPC is not for wilful conduct that drove the deceased to commit suicide. It was further held that the High Court ought not to have convicted the appellant under Section 498 A IPC, for demand of dowry, without a detailed discussion of the evidence on record, especially when the trial court found that there is no material on record to show there was any demand of dowry by the appellant. Accordingly, the appeal was allowed and the accused was acquitted by the SC.

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