Bombay High Court
Rekha Dilip Kajbase And Otehrs vs The State Of Maharashtra on 19 November, 2025
2025:BHC-AS:49950
APEAL-853-1998.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.853 OF 1998
1. Rekha Dilip Kajbase }
Age-35 years, Occupation-Household work }
Rat Janwadi, House No.28, Pune. }
}
2. Mandakini Ramchandra Chandawade }
Age-50 years, Occ: Household }
R/at Janwadi, House No.28, Pune. } Appellants
Digitally signed
NILAM by NILAM
SANTOSH
Versus
SANTOSH KAMBLE
KAMBLE Date: 2025.11.20
11:50:36 +0530
The State of Maharashtra } ....Respondent
----
Mr.Sumedh S. Modak i/b Mr.Vijay Killedar, for the Appellants.
Mr.M.S. Sonavane, APP, for the Respondent-State.
----
CORAM : R.M. JOSHI, J.
RESERVED ON : 14th NOVEMBER 2025
PRONOUNCED ON : 19th NOVEMBER 2025
JUDGMENT :-
. The Appellants are aggrieved by the judgment and order of conviction recorded against them in Sessions Case No.472 of 1996 whereby they are sentenced to suffer imprisonment for 3 years for the offenses punishable under N.S. Kamble page 1 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc Section 498A and 306 read with 34 of the Indian Penal Code, 1860 ('IPC' for short).
2. It is a case of prosecution that the marriage between Pranali (Deceased) with Prakash came to be performed on 9 th February 1992. After marriage she started residing in matrimonial home along with her husband and mother-in-law (Accused No.2). She claimed that for year after the marriage there was no complaint of ill treatment and that she was treated well in the house. According to her, the incidents of ill treatment started when after one year of the marriage, when sister-in-law (Accused No.1) of Pranali came and started residing with her. It is further case of the prosecution that, Accused i.e. Mother-in-law and sister-in-law of Pranali used to harass her on petty and domestic grounds. It is also alleged that the sister-in-law used to tell Pranali that she will not allow her to enjoy smooth marital life. Pranali had also grievance in respect of she being not allowed to stay separately along with her husband and that one room available in the house was let out by mother-in-law. She had no grievance or complaint against her husband, however, according N.S. Kamble page 2 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc to Pranali her husband had no say in the house as he was earning less. On 17th September 1996 Pranali being fed-up with the harassment caused by the Accused poured kerosene on her person and set herself ablaze. She was taken by her husband to Sassoon Hospital wherein PSI Aragade, after visiting the hospital recorded her statement. Similarly, requisition was issued for Special Judicial Magistrate for recording of statement of Pranali which came to be recorded on the same day. During the treatment Pranali died on 23 rd September 1996. Initially, offense came to be registered against the Accused punishable under Section 498A of IPC and after death of Pranali on 20 th September 1996 offence punishable under Section 306 of IPC came to be added. Investigation into the said crime was conducted by PSI Aragade. He filed charge-sheet before the Competent Court.
3. The learned Trial Court framed charge against the Accused. Since, the Accused abjured the charge, prosecution examined four witnesses to bring home guilt of the Accused. Prosecution examined Mr.Sasane, Special Judicial Magistrate, (P.W.-1) (Exhibit-20), who recorded dying declaration of the N.S. Kamble page 3 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc deceased (Exhibit-23). Prosecution also led evidence of Dr.Joglekar, who had examined the patient at the time of the recording of the statement by Shri.Sasane. Mother of deceased came to be examined at Exhibit-37 and PSI, Aragade was the last witness of prosecution. Learned trial Court on the basis of the evidence on record held that the Accused has committed the offence punishable under Section 498A and 306 of IPC and sentenced them to suffer rigorous imprisonment of two years with fine of Rs.300/- each in default one month rigorous imprisonment.
4. The learned counsel for the Appellant submits that there are inconsistencies in the dying declaration on material aspects. According to him three dying declarations were recorded i.e. one recorded by way of history given to the medical officer, second recorded by the Investigating Officer, ASI Aragade, and third dying declaration recorded by Special Judicial Magistrate. By referring to them, it is argued that considering material inconsistencies therein, the same cannot become sole ground for conviction of the accused in absence of any corroborative N.S. Kamble page 4 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc evidence. Without prejudice to this, it is his submission that even if, the allegations made by the deceased against the Accused in those dying declarations are accepted, still it cannot be held that the Accused were intending to drive the deceased to commit suicide and thereby abeted to the act of commission of suicide by her. To support his submissions, he placed reliance on the judgment of the Hon'ble Supreme Court in case of S.S. Chheena V/s. Vijaykumar Mahajan & Anr. 1, Manju Ram Kalita V/s. State of Assam2 and Mohit Singhal & Anr V/s. State of Uttarakhand & Ors.3
5. The learned APP supported the impugned judgment and order. According to him, it is settled position of law that even multiple dying declarations if are found reliable and unblemished, the same can become basis for the conviction of Accused without seeking any further corroboration. It is his submission that in any case there is corroboration of said dying declarations with the testimony of Vanita PW-3 who is mother of the deceased. It is his submission that from evidence on record 1 2009-12-SCC-190 2 (2009) 13 SCC 330 3 (2024) 1 SCC 417 N.S. Kamble page 5 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc offenses punishable under Section 498A and Section 306 of IPC have been proved. It would be relevant to take note of relevant provisions of IPC. Section 107 of IPC defines abetment of a thing. Thus, it would be relevant to take note of this provision which read as follows :-
Section 107 :- Abetment of a thing-A person abets the doing of a thing, who-First-Instigates any person to do that thing; or Secondly-Engaged with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly-Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.-A-Person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause to procure, a thing to be done, is said to instigate the doing of that thing."
Section 306 reads thus :-
306. Abetment of suicide--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
N.S. Kamble page 6 of 17
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6. As per the definition of abetment of a thing a person is said to have abeted the doing of a thing who instigates any person to do that thing. In the present case secondly and thirdly provisions of Section 107 have no Application. Needless to say that, to attract the first Clause there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. There should be mens rea, to instigate the deceased to commit suicide. Moreover, the Act of instigation must be of such an intensity that it was intended to push the deceased to such a position under which he or she has no choice but to commit suicide. So also such instigation must be in close proximity to the Act of commission of suicide.
7. The Accused are also charged for the offence punishable under Section 498A of IPC which reads thus :
Section 498A :-Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.--For the purposes of this section, "cruelty means"--
N.S. Kamble page 7 of 17
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(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
8. There is no dispute about the fact that, this is not the case wherein any harassment said to have been caused to the deceased for any illegal demand or demand of dowry. In such circumstances, the prosecution is required to prove that the acts committed by the Accused were of such a nature that the same caused either harm to the deceased or drive her to commit suicide. In the light of these provisions of the Penal Code it would be relevant to take note of the evidence led by the prosecution before the Trial Court.
9. At the outset, this Court would like to deal with the evidence of prosecution for proving the factum of recording of the statement of the deceased soon before she died. There is no serious dispute made by the defense with regard to the recording N.S. Kamble page 8 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc of history by the deceased while she was admitted in Sassoon Hospital. In fact, before the Trial Court an advantage was sought to be taken in respect of an omission of name of the Accused No.2 sister-in-law in the history recorded by Medical Officer.
The prosecution by examining Shri.Sasane, Special Judicial Magistrate, has proved recording of Exhibit-23 i.e. the statement of the deceased. There is further support to his testimony from the evidence of Dr.Joglekar who attended the patient and has endorsed about she being conscious and oriented at the time of recording of the statement. Similarly, PSI, Aragade has also proved the statement which she recorded of the deceased after visiting Sassoon Hospital.
10. Herein this case deceased sustained burnt injuries on 17th September 1996, and the said burns were to the extent of 75% and she unfortunately died on 23 rd September 1996. There is no evidence on record to indicate that the condition of the deceased was so serious that she was not able to make any statement to the Police, to the Judicial Magistrate or to the Doctor, while giving history. Having regard to the evidence on N.S. Kamble page 9 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc record this Court has no hesitation to hold that, the three Authorities at different point of time recorded the statement of the deceased.
11. There cannot be any doubt with regard to the proposition of law that in case dying declarations are found true and unblemished, even without corroboration, a conviction can be based. Here in this case however, three dyeing declarations on record are not consistent on some material aspects. Though, all three dying declarations refer to the harassment caused by the Accused to the deceased on domestic reasons, the Act of the Accused taking deceased to the Police Station a day prior to the incident is not reflected in two dying declarations. It cannot be said that, the said Act of deceased who was pregnant then being taken to the Police Station was not relevant or material fact. In view of the said material inconsistency, it was absolutely obligatory on the part of the prosecution to prove the said fact by recording corroborative evidence. Admittedly, the prosecution except for examining the mother of deceased who had no N.S. Kamble page 10 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc knowledge as to what has transpired a day before the incident, examined no other witness.
12. Apart from the fact that the statements of witnesses of neighbors were recorded they were not examined before the Court and most importantly the husband of the deceased was also not examined without recording any reasons therefor. In any case examination of the husband of the deceased was material, in this case for two reasons one is that there was no presumption that he would turn hostile and would not depose against his own mother and sister and secondly he was the person who used to be there in the house and his evidence would be corroborating the version of the deceased in the dying declaration. In any case, even if, the said witness had turned hostile, the prosecution could not have been blamed for withholding the witness without any justified reason. This Court therefore, finds that, the statement made by the deceased in one of the dying declaration about she being taken to the Police Station a day before the incident being not consistent with other dying declarations on record, it ought to have been supported by some other evidence. Thus it cannot be N.S. Kamble page 11 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc said in absence of corroborative evidence that the prosecution has proved that a day before the occurrence of the incident in question the Accused had taken the deceased to the Police Station and this led her to commit suicide.
13. Excluding the said statement, there remain other allegations made by the deceased against the Accused are harassment caused to her in respect of domestic and petty issues. In fact what is being claimed in fact they used to quarrel with her. Pertinently these quarrels are since period of four years prior to she committing suicide. Importantly there is no allegation against the Accused of physically ill treating the deceased at any point of time. The other allegations is that the Accused did not allow her to stay in a room along with her husband and the mother-in-law had let out the said room. It is necessary to take note of the fact that, as per the case of prosecution the husband of the deceased was earning less and in such circumstances, letting of the premises to the tenant by mother-in-law cannot be considered as harassment or any deliberate act on the part of the Accused No.1 against the deceased.
N.S. Kamble page 12 of 17
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14. At this stage, it would be relevant to take of the judgment of the Hon'ble Supreme Court in case of S.S. Chheena (Supra). The Hon'ble Supreme Court in paragraph No.25 of the said judgment has observed which reads thus :-
25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.
15. Similarly in case of Mohit Singhal (Supra), in paragraph No.10 and 11 the Supreme Court observed which read as follows :-
10. In the facts of the case, secondly and thirdly in Section 107, will have no application. Hence, the question is whether the appellants instigated the deceased to commit suicide. To attract the first clause, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. Hence, the accused must have N.S. Kamble page 13 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide. Such instigation must be in close proximity to the act of committing suicide.
11. In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appellants instigated the deceased to commit suicide by demanding the payment of the amount borrowed by the third respondent from her husband by using abusive language and by assaulting him by a belt for that purpose. The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide. By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide. The deceased has blamed the third respondent for landing in trouble due to her bad habits.
16. Perusal of the observations of the Supreme Court clearly indicate that the law on the point of abetment to commit suicide is fairly settled to say that there should be cruelty or any act at the hands of the Accused which is of such an intensity that the same will leave the deceased with no other choice but to commit suicide. Herein this case, there is no allegation of any N.S. Kamble page 14 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc physical assault or any ill treatment by beating etc. The only allegation is about there being quarrels between the deceased and the Accused for four years prior to the occurrence of the date of the incident.
17. It is pertinent to note that, there is absolutely no evidence either in the statements recorded of the deceased while she was admitted in the hospital or in the testimony of her mother Vanita indicating that just before the occurrence of the incident the deceased was harassed by the Accused. Perusal of the evidence of Vanita indicates that, at the time of the festival of Gokulasthami the deceased had been to her parental home and stayed there for a period of 15 days. Thereafter, she went back to her home. Pertinently, Vanita does not claim any grievance made by the deceased or any complaint made with regard to the harassment caused by the Accused to her. Thus, there is absolutely no evidence on record that just before the deceased committed suicide, she was subjected to the harassment of such a nature that would have driven her to commit suicide. Merely because there were quarrels between the deceased and the N.S. Kamble page 15 of 17 ::: Uploaded on - 20/11/2025 ::: Downloaded on - 20/11/2025 20:50:32 ::: APEAL-853-1998.doc Accused over petty issues, frictions or even quarrels occurring between the members of family the same cannot be construed as the Accused having intended to quarrel with the deceased in order to drive her to commit suicide unless there is mens rea appearing from evidence on record.
18. The learned Trial Court has failed to take into consideration the allegations made by the deceased herself against the Accused and without going into the issue as to the intensity of the alleged harassment and nature of alleged harassment simply, on the basis of the dying declaration, recorded conviction against Accused. The facts of the case indicate that, prosecution has failed to show any mens rea on the part of the Accused to drive the deceased to commit suicide. The guilt of Accused/Appellants cannot be said to have been proved beyond doubt. In the circumstances, the Appellants have made out the case for their acquittal, impugned judgment and order is set aside. Consequently Accused stand acquitted. Fine amount if any paid be refunded to the Accused/Appellants.
N.S. Kamble page 16 of 17
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19. All pending Civil and Interim Applications are disposed of.
(R.M. JOSHI, J.)
N.S. Kamble page 17 of 17
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