Dehradun, February 23 The Uttarakhand High Court on Monday observed that no matter how strong the suspicion, it cannot replace evidence.
Justice Ashish Naithani made this observation while hearing an appeal filed against the sessions court verdict in a suicide case that occurred in the Khatima area of Udham Singh Nagar district in 2004.
After hearing the appeal, the high court acquitted Sunil Dutt Pathak of the charges leveled against him under Section 306 of the Indian Penal Code (abetment of suicide).
On September 15, 2004, Pathak's wife committed suicide by hanging at her parents' home. The post-mortem report found no evidence of homicide. The allegation was that the husband suspected his wife's character and subjected her to mental torture, which allegedly led her to take this extreme step.
The Sessions Court of Udham Singh Nagar had acquitted the accused of the charges of dowry murder and dowry harassment but convicted him for abetment to suicide and sentenced him to seven years of rigorous imprisonment and imposed a fine of Rs 10,000.
Appealing the verdict, Pathak's counsel argued that there was no evidence of any direct provocation or incitement immediately prior to the suicide, and no suicide note was recovered.
He argued that mere marital discord or suspicions about character cannot constitute provocation.