Mumbai: Concluding a legal battle spanning nearly four decades, with the accused absconding and only a single witness available, a sessions court recently discharged a man accused of abetting his wife’s suicide in 1987. In a surprising turn, the witness, the victim’s brother, informed the court that he no longer wished to pursue the case and submitted a formal statement to that effect. The judge held that the evidence was rooted in mere suspicion and that the prosecution had failed to secure witnesses over the many years the matter remained pending. “The evidence of informant itself is of general allegations and based on suspicion. Therefore, there are no sufficient grounds for proceeding against the accused,” said judge RB Rote.On May 28, 1987, Rita, the wife of accused Sukhdeo Sharma, who was allegedly subjected to persistent ill-treatment, ended her life by hanging at their residence in Bandra. The matter was registered at the Nirmal Nagar police station following a complaint lodged by the victim’s brother, Vijay Kapoor. While the case was committed to the sessions court in 1989, Sharma had been absconding for many years, leading the court to issue proclamations and attach his properties in an attempt to secure his presence.During the recent proceedings, the prosecution managed to produce only one witness, the informant, Vijay Kapoor. In his deposition, Kapoor detailed that his sister had married Sharma approximately two years before her death, following the passing of her first husband. While the couple initially lived harmoniously, Kapoor alleged that disputes eventually arose and that Sharma began to beat his sister.The court noted that the original FIR appeared to be based on hearsay and suspicion rather than direct evidence. Kapoor deposed that his mother, who is now deceased, had prepared the report and simply asked him to sign it.The judge observed that the allegations were general in nature, lacking specific instances of cruelty that would satisfy the legal requirements for charges under Sections 498-A (cruelty) and 306 (abetment to suicide) of the Indian Penal Code.The judge further noted the futility of keeping the case pending indefinitely. “Considering the averments of the FIR, it is clear that the FIR is based on suspicion,” the judge said. “The allegations of informant is of general nature, without giving any specific instance, and even the informant does not want to proceed with the matter. The case is pending since over 35 years. The whereabouts of the accused were not traced out.“The court ultimately found that the evidence provided by the sole witness was insufficient to sustain a trial. Consequently, Sharma was discharged of all charges.
