News Citation : 2026 LN (HC) 7
Bilaspur, 02.01.2026 : The High Court of Chhattisgarh has dismissed a victim’s appeal challenging the acquittal of a husband and his alleged partner in a case relating to the suicide of a married woman, holding that an extra-marital relationship by itself does not amount to abetment of suicide under law.
The judgment was delivered by Justice Sanjay S. Agrawal on January 2, 2026, while deciding an appeal filed under the proviso to Section 372 of the Code of Criminal Procedure. The appeal had been preferred by the father of the deceased woman against a 2022 judgment of the Sessions Court at Mahasamund, which had acquitted the accused of the charge under Section 306 of the Indian Penal Code.
The case arose from the death of a woman who died by suicide in June 2017. The prosecution alleged that she was subjected to harassment and mental cruelty by her husband and his alleged partner on account of her inability to bear a child, insufficient dowry, and an extra-marital relationship. A diary note written by the deceased was recovered during investigation and was relied upon by the prosecution to establish mental distress.
After examining the evidence on record, the High Court found that while the existence of an alleged extra-marital relationship was spoken to by prosecution witnesses, there was no cogent evidence to show harassment, instigation, or intentional conduct by the accused that could be said to have driven the woman to take her life. The Court observed that the diary note reflected emotional pain but did not disclose any act of provocation or active role amounting to abetment.
Relying on a consistent line of Supreme Court precedents, the Court reiterated that to sustain a conviction under Section 306 IPC, the prosecution must establish a clear mens rea and a direct or proximate act of instigation or aid. The judgment emphasised that an extra-marital relationship, even if immoral or illegal, cannot automatically be treated as mental cruelty of such intensity as to constitute abetment of suicide, unless supported by additional evidence demonstrating a high degree of harassment.
The Court also noted that allegations made by close relatives of the deceased were general in nature and lacked specific instances of cruelty or conduct proximate to the death. In the absence of such proof, the trial court’s decision to acquit the accused did not suffer from any legal infirmity warranting interference in appeal.
Finding no merit in the challenge, the High Court dismissed the appeal and affirmed the acquittal, underscoring once again the strict evidentiary threshold required in cases alleging abetment of suicide.
Case Reference : ACQA No. 236 of 2023, Upendra Deshlahre vs Ravi Kumar Gaikwad and Others
Counsels : For Appellant : Mr. Sajal Kumar Gupta, Advocate For Respondents No.1 and 2 : Mr. R.K. Verma, Advocate. For Respondent No.3/State : Mr. Ratan Pusty, Govt. Advocate.