The Calcutta High Court has set aside the conviction of a man who was earlier found guilty of cruelty and abetment of suicide in connection with the death of his wife in 1994, holding that the prosecution failed to prove the essential ingredients required under law.
Justice Chaitali Chatterjee Das observed that there was no clear evidence showing instigation, intentional aid, or conduct directly pushing the deceased to take her own life.
Background of the Case
The case arose from a complaint lodged by the deceased woman’s brother at Berhampore Police Station on October 20, 1994. He alleged that his sister, Swarna Paul, had been subjected to physical and mental cruelty by her husband Bikash Chandra Paul and his sister.
According to the prosecution, the woman was allegedly assaulted after visiting a relative’s house during Bijoya Dashami celebrations without taking permission from her husband. Later that day, she was found hanging in her matrimonial home.
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A trial court in Murshidabad had convicted the husband under Sections 498A and 306 of the Indian Penal Code and sentenced him to imprisonment. He challenged that conviction before the High Court.
While hearing the appeal, the High Court closely examined the statements of witnesses, medical records, and the testimony of the couple’s daughter.
The post-mortem report described the death as suicidal in nature and noted that no external injury was found on the body except the ligature mark on the neck.
The court also noted inconsistencies in the prosecution evidence. Several witnesses admitted they had never reported any alleged cruelty to police or other authorities before the woman’s death.
A key witness in the case was the daughter of the deceased, who initially gave a statement supporting the prosecution version but later told the court that she had been tutored by her maternal uncle and investigating officials. She stated that relations between her parents were cordial and claimed her mother was under stress due to monetary disputes involving her maternal uncle.
The High Court observed that the prosecution’s case largely depended on hearsay evidence and generalized allegations without specific details of sustained cruelty.
Referring to Supreme Court rulings on Section 306 IPC, the High Court reiterated that conviction for abetment of suicide requires proof of a direct or intentional act that pushed the deceased toward suicide.
“The prosecution failed to establish any ingredients to attract Section 107 IPC which is sine qua non to maintain the charge under Section 306 IPC,” the court observed.
The bench further noted that mere allegations of harassment or an ill-tempered nature could not automatically amount to abetment of suicide unless there was clear evidence of instigation.
The court also found that the prosecution could not establish any proven demand for dowry or continuous cruelty likely to drive the woman to commit suicide.
Allowing the criminal appeal, the High Court set aside the conviction and sentence passed against Bikash Chandra Paul under Sections 498A and 306 IPC.
The court directed that the appellant be discharged from the charges and released from his bail bond.
Case Details
Case Title: Bikash Chandra Paul vs The State of West Bengal
Case Number: CRA 445 of 2009
Judge: Justice Chaitali Chatterjee Das
Decision Date: May 5, 2026
