State of Maharashtra VS Shalini Krishna Kolhe & Others.
A Pune Sessions Court has sentenced a woman and her mother to seven years of rigorous imprisonment for abetting the suicide of the woman’s husband in 2015. (pp. 2-3) The court found that the continuous and harsh harassment by the two accused left the victim with no other option but to take his own life. (p. 40)
Court Findings
The prosecution successfully proved that the deceased, Dipak Swami Chaudhari, was subjected to harsh and continuous harassment by his wife, Komal (A2), and mother-in-law, Shalini (A1), especially in the days immediately prior to his death (November 21-24, 2015). (p. 44) Key evidence presented included:
- Continuous Cruelty: The wife constantly quarreled with the deceased over trivial matters, used abusive language towards him and his mother, demanded a luxurious lifestyle, and kept him on starvation if her demands were not met. (pp. 8-9, 20)
- Financial Demands and Confinement: The wife and mother-in-law demanded immediate repayment of money taken for a flat, confined the deceased in a room for two days without food, and physically assaulted him. (pp. 10, 20, 23, 25)
- Suicide Note and Messages: A suicide note identified as being in the deceased’s handwriting explicitly blamed his wife and in-laws for his mental distress. (pp. 11, 31, 34) Text messages to a friend also indicated his distress and intention to end his life due to the harassment. (p. 27)
- Behavioral Pattern: Evidence from the wife’s first husband established a pattern of similar abusive and quarrelsome behavior, further supporting the prosecution’s case. (pp. 15-16, 18)
Judgement
The court ruled that the actions of the accused constituted “active acts” and “direct acts” that left the deceased with “no other option but to commit suicide,” fulfilling the legal requirements for abetment of suicide under Section 306 of the Indian Penal Code. (p. 40)
The court’s decision in this matter referenced several Supreme Court judgments, including Abhinav Mohan Delkar Versus The State of Maharashtra & Ors. and Prakash V/s. State of Maharashtra, emphasizing that while mere harassment is not always sufficient, a clear mens rea (intent) to drive a person to suicide can be inferred from the facts and circumstances of a case. (pp. 39-40) The sustained and intense harassment leading up to the suicide was found to be the proximate cause of death. (pp. 38, 44)
The wife and mother-in-law were convicted and sentenced to rigorous imprisonment for seven years and fined Rs. 25,000 each. (pp. 2-3) The father-in-law was acquitted due to a lack of sufficient evidence against him. (p. 3)
