The Jammu and Kashmir High Court has upheld the acquittal of a man accused of abetting the suicide of his wife after a 30-year marriage, citing the absence of credible evidence and prior complaints of cruelty.
The case revolved around the death of Rozina Begum, who allegedly died by suicide on June 25, 2009, by jumping into the Chenab River. Her father, Haider Ali, had filed a complaint against her husband, Ishtiyaq Ali, accusing him of subjecting Rozina to cruelty, especially after he entered into a second marriage. An FIR was registered under Section 306 RPC (abetment of suicide), and a chargesheet was later filed.
After the body was recovered three months later from Salal Project Dam, and the postmortem was conducted, the case proceeded in trial court. However, the Principal District & Sessions Judge, Ramban, acquitted the accused due to lack of substantial evidence. The State appealed this decision.
Justice M.A. Chowdhary of the High Court examined the case and emphasized:
“Even after the second marriage, the deceased had been living with the accused and his second wife for 12 years without any complaints of torture.”
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The court also found that close family members, including the deceased's sons Abbas Ali and Arif Ali, refuted the prosecution's claims and denied any instances of cruelty or conflict in their parents' relationship. Both sons were declared hostile after their testimonies failed to support the prosecution.
Further, independent witnesses like Inshar Ali and Khadka Bahadur were also declared hostile and did not offer any incriminating statements. The trial court had earlier dismissed the statements of Rozina's father and brother as hearsay, noting they were based on assumptions rather than direct experience.
“There was not even an iota of evidence that the accused instigated the deceased to commit suicide,” the court noted.
After reviewing the evidence and witness statements, the High Court concluded there was no error in the trial court’s judgment and confirmed the acquittal of the accused.
“The impugned judgment does not call for any interference,” Justice M.A. Chowdhary stated while dismissing the appeal on April 15, 2025.
This case reiterates the principle that criminal conviction must be based on solid, credible evidence and not merely on assumptions or emotional claims.
APPEARANCE
Eishaan Dadhichi, GA., Advocate For Petitioner
Jagpaul Singh. For Respondents
Case-Title: State of J&K vs Ishtiyaq Ali , 2025
