The Gujarat High Court upheld the acquittal of a husband and his family in a dowry death and abetment to suicide case. The wife had died by suicide in 2013 by setting herself ablaze. The Court found no evidence of dowry-related harassment in her dying declaration. Justices Cheekati M. Roy and D. M. Vyas ruled that routine family bickering cannot be treated as cruelty for dowry. The Court emphasized that to prove dowry death under Section 304B IPC, there must be clear evidence of harassment linked to dowry demands. In this case, no such proof existed. The deceased’s mother, who lodged the FIR, turned hostile, and other key witnesses failed to support the prosecution. The dying declaration only mentioned quarrels, not dowry harassment. The Court also held that the evidence did not justify invoking Section 113B or 113A of the Evidence Act.
It found no material to establish abetment to suicide under Section 306 IPC. Stating that emotional distress from normal household issues doesn’t amount to abetment, the Court dismissed the State’s appeal and upheld the trial court’s acquittal order.
