A Thane sessions court acquitted a husband and his family in a dowry suicide case, ruling that ordinary marital discord does not amount to legal cruelty and that the prosecution failed to prove a direct link between the accused and the woman’s death.
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MUMBAI: A sessions court in Maharashtra’s Thane district has cleared a husband and three of his relatives of charges linked to the alleged dowry-related suicide of his wife, holding that “marital discord or ordinary wear and tear of matrimonial life do not constitute cruelty under criminal law”.
The ruling was delivered by Additional Sessions Judge V L Bhosale, who held that the prosecution failed to establish a “proximate and live link” between the conduct of the accused and the woman’s suicide. Emphasising core principles of criminal law, the court said “suspicion, however strong, cannot substitute proof.”
Background of the Case
The judgment brought to a close a legal battle that began with the death of Kavita Prasad Ajarekar, who died by suicide in January 2010, within seven years of her marriage.
The accused included:
- Prasad Sadashiv Ajarekar (husband)
- Sanket Ajarekar (brother-in-law)
- Prerna Ajarekar (sister-in-law)
- Sadashiv Bhimrao Ajarekar (father-in-law)
All four residents of Thane city were charged under:
- Section 498A IPC (cruelty by husband or relatives)
- Section 306 IPC (abetment of suicide)
- Section 304B IPC (dowry death)
The prosecution alleged that Kavita was subjected to persistent mental and physical cruelty over dowry demands, which ultimately drove her to suicide at her parental home. The state was represented by Additional Public Prosecutor R P Patil, while the accused were defended by advocate Jaydeep Thakkar.
Court’s Analysis and Findings
In a 38-page detailed judgment, the court examined the testimony of 12 witnesses, including the victim’s father, relatives, friends, and handwritten chits left by the deceased.
While acknowledging the emotional distress expressed in the notes, the court ruled that they did not meet the rigorous legal standard required for a criminal conviction.
“The prosecution evidence shows marital discord and that the deceased complained of harassment, but it fails to establish beyond reasonable doubt that the accused subjected the deceased to ‘cruelty’ as defined under Section 498-A IPC,”
the court observed.
The judge clarified that general allegations, incompatibility, or routine marital conflicts cannot be equated with legal cruelty.
The court also took note of testimony from a psychiatrist indicating that Kavita may have suffered from masked depression.
“Where the prosecution evidence does not clearly establish instigation or aid, the presence of credible psychiatric vulnerability makes it unsafe to conclude beyond reasonable doubt that the accused’s conduct was the direct, intentional cause of the suicide,”
the court said.
Importantly, the court found no evidence of any dowry demand, stating:
“The prosecution has failed to establish the very existence of a dowry demand. In the absence of proof, the statutory chain necessary for Section 304-B IPC breaks at the threshold.”
ALSO READ: Dowry Death? Dying Declaration Sends Mother-In-Law To Jail For Life: District Court
Concluding that there was no direct causal link between the accused’s actions and the suicide, the court ordered the immediate acquittal of all four family members.
Reiterating a foundational principle of criminal jurisprudence, the judge stated:
“Suspicion, however strong, cannot substitute proof.”
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