Called Twisha Sharma a murderer in heat of moment over abortion, didn't abet suicide: Giribala Singh to MP High Court

Former judicial officer Giribala Singh on Monday argued before the Madhya Pradesh High Court that while she was unhappy with her daughter-in-law Twisha Sharma's decision to abort her child, she had neither subjected her to cruelty nor abetted her suicide.

The submission was made by counsel representing Singh before Justice Ajay Kumar Nirankari during the hearing of her bail plea.

The counsel added that had Giribala Singh and her son Samarth Singh, a lawyer, forced Sharma to abort the child, it would have caused cruelty.

"The mother-in-law was very upset because the daughter-in-law was not listening to her and had gone through with the act. I would like to know which mother-in-law would be happy about this. Natural reaction would be of anger. She has expressed displeasure by not talking to her. Very natural reaction which would happen with any normal human being," the senior counsel representing Singh said.

While referring to chats indicating that Singh may have called Sharma a murderer for going ahead with the abortion, the senior counsel said,

"Both mother-in-law and husband wanted the child, so if she has called her a murderer, does it mean she wants her to commit suicide?"

He added that it was said in the heat of the moment for which Girbala Singh later apologized.

"All that Giribala has said 'murderer, murdered, murderer'... it was in the heat of the moment."

The counsel further submitted that instead the chats reveal that Samarath Singh's behaviour could have caused her to die by suicide.

"I submit that this clearly exonerates Giribala. Whatever is being said is being said against Samarth. I mean the reason for her committing suicide from this chat would appear that it is on account of the behaviour of Samarth that she has committed suicide ," the senior counsel said.

The Court was also told that Sharma intended to live in Delhi and had applied for a job there.

"It is not a case that she was in confinement. It is not a case where she could not go anywhere," the counsel said, while challenging the charge of abetment to suicide.

The senior counsel also argued that bail must be granted in cases involving offences punishable with imprisonment of up to seven years. Singh's counsel today concluded their arguments.

Noida-based Twisha Sharma had married Bhopal-based lawyer Samarth Singh after the two met through a dating app. Barely five months into the marriage, Sharma was found hanging at her matrimonial home in Bhopal on May 12.

Her family accused her husband and in-laws of subjecting her to persistent domestic violence and harassment over dowry demands, leading to the registration of an FIR at Katara Hills police station under various provisions of Bharatiya Nyaya Sanhita (BNS) and Dowry Prohibition Act.

Twisha’s mother-in-law, Giribala Singh, former President of the District Consumer Disputes Redressal Commission in Madhya Pradesh, was soon granted anticipatory bail by a sessions court.

The Madhya Pradesh High Court later cancelled the relief after the State government and the victim's family challenged the order.

The High Court then also ordered a second post-mortem of Sharma’s body by a team of doctors from AIIMS Delhi after her family sought a fresh examination to ascertain the exact cause of death.

The CBI later arrested Giribala Singh and Samarth Singh. After their period of CBI custody ended on June 2, a Bhopal court remanded both accused to judicial custody. Their bail petitions are currently pending.

Singhs have been charge sheeted under Sections 85 (cruelty and harassment caused by husband and his family members) and 108 (abetment to suicide) of the Bhartiya Nyaya Sanhita (BNS).

The Supreme Court recently stayed the trial in the case while issuing notice to the Central Bureau of Investigation (CBI) on a petition moved by the victim's father for transfer of the trial to Delhi.

"While trial proceedings on merits shall remain stayed, the bail applications filed by respondent 2 and 3 to be decided within two weeks," the Court ordered.