Himachal Pradesh High Court
Devinder Singh And Another vs Of on 25 September, 2023
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
REPORTABLE IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Criminal Appeal No.507 of 2010 a/w Criminal Appeal No.11 of 2011 Reserved on: 20th September, 2023 .
Decided on: 25th September, 2023 __________________________________________________________
1. Criminal Appeal No.507 of 2010 Devinder Singh and another ....Appellants Versus of State of Himachal Pradesh ......Respondent For the appellants: Ms. Kanta Thakur, Advocate. For the respondent:
rt Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General, Ms. Sharmila Patial, Additional Advocate General and Mr. J.S. Guleria, Deputy Advocate General.
AND
2. Criminal Appeal No.11 of 2011 State of Himachal Pradesh ....Appellant Versus Devinder Singh and another ......Respondents For the appellant: Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General, Ms. Sharmila Patial, Additional Advocate General and Mr. J.S. Guleria, Deputy Advocate General.
For the respondents: Ms. Kanta Thakur, Advocate.
::: Downloaded on - 25/09/2023 20:35:02 :::CIS -2-Coram Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge Hon'ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? Yes .
Tarlok Singh Chauhan, Judge Appellants, namely, Devinder Singh and Kanta Devi, in Criminal Appeal No.507 of 2010 were tried for the commission of offences punishable under Sections 498-A and of 306 read with Section 34 IPC. They were convicted under Section 498-A read with Section 34 IPC and were sentenced rt to undergo simple imprisonment for a period of three years each and to pay a fine of Rs.15,000/- each and in default of payment of fine amount, further to undergo simple imprisonment for a period six months each. However, they were acquitted for the offence under Section 306 IPC.
2. Feeling aggrieved by the aforesaid sentence the appellants have filed Criminal Appeal No.507 of 2010.
3. The State on the other hand, is aggrieved by their acquittal of the offence under Section 306 IPC and has filed Criminal Appeal No.11 of 2011.
4. Since both these appeals arise out of a single judgment rendered by the learned Sessions Judge Kangra at 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 25/09/2023 20:35:02 :::CIS -3-Dharamshala, therefore, they were taken up together for arguments and are being disposed of by a common judgment.
5. The parties shall be referred to as the accused and .
prosecution, respectively.
6. The brief facts of the case as alleged by the prosecution are that deceased Smt. Sunita Devi was married to accused Devinder Singh, son of co-accused Kanta Devi on of 04.12.2007 and after two months of her marriage, both the accused persons in furtherance of their common intention rt subjected deceased Smt. Sunita Devi to cruelty in her matrimonial house at Village Sapdu-Gadiyarda and used to torture and maltreat her in order to fulfill their illegal demand of dowry. It was further alleged by the prosecution that in the morning of 24.11.2008, the deceased committed suicide by way of hanging at her matrimonial home and both the accused persons in furtherance of their common intention abetted the commission of suicide. Charges were framed against the accused persons to which they did not plead guilty and claimed trial.
7. The prosecution in order to prove its case examined twelve witnesses in all. Thereafter, the statement of the accused persons under Section 313 Cr.P.C. were ::: Downloaded on - 25/09/2023 20:35:02 :::CIS -4- recorded. However, they did not lead any evidence in defence.
8. It is not in dispute that the statements as referred to in the judgment of the learned Trial Court have been .
correctly reproduced and it is the contention of the accused persons as also the prosecution that such statements have not been appreciated in the right perspective.
9. It is vehemently argued by Ms. Kanta Thakur, of learned counsel appearing for the accused persons that the evidence recorded by the learned Court below is totally rt perverse inasmuch there is no evidence, whatsoever, available on record which could go to indicate that the accused persons had ever harassed much less treated the deceased with cruelty and it was rather unfortunate that a young girl committed suicide and that the appellants had no role in such a suicide.
10. On the other hand, Ms. Sharmila Patial, learned Additional Advocate General would argue that not only the accused persons have been rightly convicted for the commission of offence under Section 498-A read with Section 34 IPC, but have been wrongly acquitted for the offence under Section 306 IPC, as it was they alone who had driven the deceased to commit suicide.
::: Downloaded on - 25/09/2023 20:35:02 :::CIS -5-11. We have heard the learned counsel for the parties and have gone through the record of the case carefully.
12. In order to appreciate the rival contentions, it .
would be necessary to refer to the evidence that has come on record.
13. PW-1, Saroop Singh, stated that deceased Sunita alias Monu was his daughter who was married to accused of Devinder Kumar alias Rinku about one year prior to her death and that co-accused Kanta Devi was the mother in law rt of Sunita. He further stated that deceased was treated nicely by accused persons for two months of her marriage and thereafter both the accused persons started taunting and maltreating her without any rhyme or reason and that the accused persons did not provide money and other things to deceased. He further stated that deceased underwent an abortion for which she was not medically treated by accused persons, as a result of which she remained sick for about six months prior to her death. He also stated that deceased had visited his house once or twice and made complaint against the accused persons that they did not look-after her properly and also did not get her medically treated and that his daughter stayed in his house for a month and during that ::: Downloaded on - 25/09/2023 20:35:02 :::CIS -6- period he got her medically treated. He also stated that accused Davinder alias Rinku quarrelled with him when he visited his house for second time and he had brought that .
incident into the notice of Ward Panch as well as to the Pradhan of Gram Panchayat Sapru. He stated that he also moved an application before the Pradhan who told him that she would discuss the incident with the accused persons. He of further stated that complaint Ex.PW-1/A bore his signatures in red circle at point A.
14. rt PW-1, Saroop Singh, further stated that on 24.11.2008 at about 7:00 a.m., his wife Soma Devi made a telephonic call in the house of accused persons and enquired about the well-being of Sunita upon which accused Devinder Singh told that Sunita had gone out to answer the call of nature. He further stated that on the same day about 9:00 a.m., Shri Ranjeet Singh, Up Pradhan of Gram Panchayat Sapru told him telephonically that his daughter had committed suicide by hanging.
15. Thereafter, PW-1, Saroop Singh, alongwith 20-25 other persons of his village went to the house of accused persons and found his daughter dead. He stated that dead body of his daughter was lying in the house. He further ::: Downloaded on - 25/09/2023 20:35:02 :::CIS -7- stated that police also came there and recorded his statement Ex.PW-1/B which bore his signatures. He further stated that his daughter committed suicide due to the maltreatment and .
harassment given to her by accused persons. He denied the suggestions that deceased was disturbed due to her abortion and that the deceased had tried to hang herself with scarf on the earlier occasion also. He also denied that he had not filed of application Ex.PW-I/A before the Pradhan and that the application Ex.PW-1/A was subsequently written to implicate rt the accused persons and to create false evidence. He also denied that deceased was not taunted and maltreated by accused persons. He denied that all medical expenses were borne by accused persons and that the deceased was properly looked-after by accused persons during her life-time.
He denied the suggestion that deceased did not disclose anything about maltreatment. He denied the suggestion that deceased could not recoup from her illness till the time of her death and due to this reason she had committed suicide. He denied the suggestion that he had enmity with the accused persons.
16. PW-2, Uttam Chand, stated that he was working in the Territorial Army in Shimla District. He stated that ::: Downloaded on - 25/09/2023 20:35:02 :::CIS -8- Saroop Singh is his cousin. He stated that both the accused present in the Court were known to him. He further stated that he also knew deceased Sunita. He stated that on .
24.11.2008 he was on leave and was present at his house at about 9:30/10:00 a.m., when he heard cries from the house of Saroop Singh and went there to enquire upon which he was informed that Sunita had committed suicide by hanging of herself in her in-laws house. He stated that he also associated Saroop Singh and his family members to the rt house of accused persons and found the dead body of Sunita lying in the house of accused persons. He further stated that simultaneously police also reached there and photos of the dead body were also clicked. He further stated that injury marks were found on the dead body and inquest of the dead body was prepared by the Police. He stated that he associated with the police to the scene of occurrence, which was about 200-250 meters from the house of accused persons. He stated that rope was found tied to a tree and at that time the villagers and members of Panchayat were also present there.
He stated that rope was cut, sealed and took into possession vide memo Ex.PW-2/A which bore his signatures as well as Ranjeet Singh Up-Pradhan. He stated that parcel Ex.P-1 bore ::: Downloaded on - 25/09/2023 20:35:02 :::CIS -9- his signatures and rope Ex P-2 was the same. He further stated that Saroop Singh had informed him that accused persons had maltreated the deceased and did not keep her .
properly. He stated that he did not talk with Sunita Devi. He denied the suggestion that PW-1 Saroop Singh did not disclose him that deceased was ever maltreated or harassed by accused persons. He stated that he did not know that after of sickness, Sunita could not recoup herself till the time of her death.
17. rt PW-3, Soma Devi, stated that deceased Sunita was her daughter and was married to accused Devinder Singh in the month of December 2007 and other co-accused Kanta Devi was mother-in-law of her daughter. She stated that after marriage, the accused persons kept her daughter properly for two months and thereafter started to maltreat her and also used to taunt her daughter that was given by her father in the marriage and that her father was a man of lower status, being labourer. She further stated that after three months of marriage her daughter became pregnant and came to her house and complained that she constantly remained sick, but the accused persons did not care for her and did not get her medically examined properly. She further ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 10 -
stated that on 24.11.2008, she made a telephonic call to her daughter upon which some lady responded and told her that Sunita had gone to answer the call of nature. She further .
stated that on the same day at 9:30 a.m., Pradhan of their Panchayat informed them telephonically that their daughter had died due to hanging. She denied the suggestion that proper medical treatment was given to the deceased by her of in-laws. She also denied the suggestion that deceased did not inform about cruelty committed upon her in her in-laws rt house. She has denied the suggestion that she had falsely deposed against the accused persons due to inimical relations.
18. PW-4, HHC Balbir Singh, stated that he was posted at Police Station Haripur since 2008. He has stated that on 24.11.2008 he was associated with SI Som Nath and other Police officials in-connection with investigation of this case and on that day he took the dead body of Sunita to SDH Dehra for post-mortem examination. He stated that he handed over the sealed parcel alleged to contain rope alongwith inquest papers to the Medical Officer. He has stated that on that day post-mortem could not be conducted and next day on 25.11.2008 post-mortem was conducted by ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 11 -
concerned doctor and sealed parcel was opened and examined by them and thereafter it was re-sealed. He further stated that viscera was also preserved and sealed in separate .
parcel and documents and sample seal impression were also scaled in an envelope. He stated that clothes of the deceased were handed over by the doctor to him in sealed condition. He further stated that another sealed parcel alleged to contain of ornaments of the deceased was also handed over to him by Medical Officer alongwith post-mortem examination report rt which were further handed over by him to MHC Sultan Singh Police Station Haripur. He stated that parcels were not tampered with till the same remained with him.
19. PW-5, HC Sultan Singh, stated that during the year 2008 he remained posted at Police Station Haripur and on 25.11.2008. HHC Balbir Singh deposited five sealed parcels alongwith post-mortem report and viscera which were entered by him in Malkhana register No.19 at serial No.563, the copy of which is Ex.PW-5/A and was correct as per the original record. He further stated that on 04.12.2008 he sent the viscera alongwith envelope to FSL Junga through HHC Rajinder Singh vide RC No.89/08. He further stated that case property was not tampered with so long the same remained ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 12 -
with him. He further stated that he also recorded FIR Ex.PW-5/B on receipt of statement Ex.PW-1/B which also bore his endorsement Ex.PW-5/C. .
20. PW-6, HHC Rajinder Singh, stated that he was posted at Police Station Haripur since 2008 and on 04.12.2008 HC Sultan Singh MHC Police Station Haripur handed over one sealed parcel of viscera, one sealed envelope, of docket, FIR, other forms and post mortem report in order to deposit the same at FSL Junga vide RC No.89/08 and on rt 05.12.2008 he deposited the said articles at FSL Junga. He further stated that on return he handed over the receipt Ex.PW-6/A to MHC. He further stated that case property was not tampered with till the same remained with him.
21. PW-7, Ichhiya Devi, stated that she was President of Gram Panchayat Dhar and accused persons present in Court were known to her, as they were residents of her Panchayat. She stated that marriage of deceased and accused Sonu was solemnized about eleven months prior to suicide by the deceased. She further stated that she was in the house of her parents in village Jawali on the day when deceased committed suicide and she was telephonically informed by Ward Panch, Usha Devi, about the incident.
::: Downloaded on - 25/09/2023 20:35:02 :::CIS- 13 -
22. PW-7, Ichhiya Devi, further stated that next day i.e. on 25.11.2008 she visited the house of accused persons.
She further stated that father of the deceased was not known .
to her, but once he had come to her house about two months prior to the suicide by the deceased. She further stated that father of the deceased did not move any application before her and also did not make any complaint with her against of any one.
23. PW-7, Ichhiya Devi, was declared hostile by rt prosecution. She admitted in her cross-examination that father of deceased had informed her that deceased was harassed in her matrimonial house and further informed him that in-laws of the deceased did not allow her to visit her parents' house. She admitted that complaint Ex.PW-1/A was presented before her by father of deceased. She admitted that when the dead body was about to be taken for cremation, the mother of deceased raised objection that firstly dowry articles should be returned whereupon the dowry articles were handed over to the mother of deceased and only thereafter she allowed the dead body to be taken for cremation.
24. PW-8, Surinder Kumar, stated that deceased was his sister. He stated that accused present in Court are ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 14 -
husband and mother-in-law of his deceased sister. He further stated that deceased was married in the month of December 2007 and for two months she was kept properly by accused .
persons. He further stated that thereafter she felt sick and after six months of her marriage she got aborted. He stated that accused persons did not get her medically treated and did not keep her properly. He further stated that accused of persons also did not allow the deceased to visit parents' house and even did not allow her to talk on telephone due to rt which his deceased sister used to remain under pressure.
25. PW-8, Surinder Kumar, further stated that on 24.11.2008 after receipt of information about commission of suicide by his sister, he alongwith family members and villagers went to the house of accused persons. He stated that police prepared inquest reports Ex.PW-8/A and B which bore his signatures. He further stated that his sister committed suicide due to sorrowful life. He denied the suggestion that accused persons had got the deceased medically treated in Mission Hospital as well as in Civil Hospital Kangra. He has denied the suggestion that deceased had tried to commit suicide in their house.
26. PW-9, Ranjna Devi, stated that deceased was her ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 15 -
younger sister and accused persons were husband and mother-in-law of her sister. She stated that her sister was married in December 2007. She further stated that she .
visited her sister twice in her matrimonial house and her sister also met her once or twice in their parental house. She stated that condition of her deceased sister in her matrimonial house was not good. She has stated that of accused persons had barred the deceased to visit her parents' house. She stated that after conception of child, the deceased rt used to remain sick. She further stated that deceased told her that accused persons did not take care to get her medically examined. She also stated that mother-in-law of deceased taunted the deceased that she had not brought anything from her parents and also told that parents of deceased were below the status of the accused persons. She stated that when she had resided in the house of her sister, she noticed that her mother-in-law complained to the villagers that deceased had not brought sufficient dowry. She further stated that her deceased sister committed suicide due to maltreatment given to her by accused persons. She denied the suggestion that after conception the deceased was regularly got medically examined by accused persons. She ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 16 -
denied the suggestion that deceased was not maltreated or harassed by accused persons.
27. PW-10, Dr. Kulbhushan Sood, stated that he was .
posted as Medical Officer in Civil Hospital Dehra since 1994 and on 25.11.2008 Police moved application Ex.PW-10/A for post-mortem of the dead body of Sunita Devi alias Monu wife of Devinder alias Rinku resident of Sapru. He stated that of police had also submitted inquest papers Ex.PW-8/A and B alongwith the application. He stated that he alongwith rt Dr. Suman Dhiman conducted the post-mortem and observed that whole body was in rigor mortis with post-mortem staining more marked on the lower limbs on posterior aspects and a mark of ligature around the neck was present in the form of bruise extending from left mastoid across the larynx to the right side of neck up to the middle line approximately.
He further stated that on dissection of the bruise blood clot and seepage was evident. He stated that no other injuries were found on the body, however, the brain was found scattered and haemorrhages in the tissues. He further stated that thorax, abdomen, muscles, bones and joints were found normal.
28. PW-10, Dr. Kulbhushan Sood, further stated that ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 17 -
in their opinion the deceased died of asphyxia caused by ante-mortem hanging. He has stated that viscera was sealed and handed over to the Police alongwith belongings of the .
deceased. He further stated that probable duration between injury and death was instantaneous and in between death and post-mortem, it was 24 to 72 hours. He stated that they issued post-mortem report Ex.PW1-10/B which bore his of signatures as well as Dr. Suman Dhiman. He further stated that later-on he examined the chemical test report Ex.PA on rt 21.01.2009 and as per his final opinion Ex.PW-10/C, the cause of death was asphyxia due to ante-mortem hanging. He further stated that later-on application Ex.PW-10/D for further opinion was moved upon which he gave opinion Ex.PW-10/E which bore his signatures as well as Dr. Suman Dhiman.
29. PW-11, Mitesh Kumar photographer, stated that on 24.11.2008, at the instance of Police, he took photographs of dead body as well as of the scene of crime in village Sapru and after developing the same photographs Ex.PW-11/A to H, he handed over the same to the Police which were correct as per the spot.
30. PW-12, SI Som Nath, stated that he was posted as ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 18 -
SHO Police station Haripur from November 2007 and on 24.11.2008 at 10:05 a.m., Arman Singh from village Sapru informed telephonically that Sunita Devi wife of Rinku had .
committed suicide by hanging upon which he informed the higher officer and proceeded to the spot alongwith police party vide rapat No.5, copy of which was Ex.PW-12/A. He stated that he reached village Sapru and went to the house of of accused persons and found dead body of Sunita Devi in the room of the house of accused persons.
31. rt PW-12, SI Som Nath, further stated that father and many other relatives of deceased Sunita were present there and after some time the father of Sunita Devi namely Saroop Singh made a statement under Section 154 Cr.P.C.
which is Ex.PW-1/B which was signed by Saroop Singh and attested by him. He further stated that he sent the said statement to Police Station Haripur through constable Narender Pal for registration of case. He further stated that he inspected the place where the dead body was laid. He has further stated that photographs Ex.PW-11/D to Ex.PW-11/H of the dead body were got snapped and inquest forms Ex.PW-8/A and B were filled. He further stated that form Ex.PW-12/B was also filled-in during inquest. He further ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 19 -
stated that he also inspected the place where the deceased Sunita hanged herself from a tree and rope with which deceased had committed suicide was hanging with the tree.
.
He stated that photographs Ex.PW-11/A to C of the tree and spot were taken and he also prepared the site plan Ex.PW-12/C. He further stated that rope was sealed and took into possession vide memo Ex.PW-2/A. of
32. PW-12, SI Som Nath, also stated that dead body of Sunita was sent for post- mortem examination and later-on rt post-mortem report Ex.PW-10/C was procured. He stated that dead body of deceased was handed over to her father vide memo Ex.PW-12/D. He further stated that ExPW-12/E is the specimen of seal. He further stated that father of deceased, namely, Saroop Singh had also submitted one application Ex.PW-1/A to Pradhan Gram Panchayat Sapru, which was took into possession vide memo Ex.PW-12/F.
33. PW-12, SI Som Nath, stated that both the accused persons were arrested, vide memos Ex.PW-12/G and Ex.PW-12/H. He stated that he recorded the statement Ex.PW-12/J of witness Soma Devi as per her deposition. He further stated that he also recorded the statement Ex.PW-12/K of Ranjana Devi as per her version and nothing ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 20 -
was added of his own. He further stated that after conclusion of investigation he prepared the Challan and after receipt of chemical report, he prepared supplementary Challan of this .
case.
34. PW-12, SI Som Nath, admitted that document Ex.PW-1/A was not taken on the record from Panchayat. He denied the suggestion that statement Ex.PW-12/J and of Ex. PW-12/K were not recorded by him as per depositions of the witnesses and the same were recorded at his own rt instance. He admitted that during total period of eleven months of her marriage, the deceased remained well for two months and thereafter became ill. He denied the suggestion that he did not fairly investigated the case. He denied the suggestion that false case had been foisted against the accused persons in connivance with the complainant party.
35. Having referred to the evidence led by the prosecution, one would be required to refer to the charge that was framed against the accused and the same reads as under:-
"Charge 1, P.S.Rana, Sessions Judge, Kangra at Dharmshala do hereby charge accused Devinder Singh son of Sh Swaroop Singh, aged 29 years, resident of village Sepdu-Gadiyarda. Tehsil Dehra, ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 21 -
District Kangra (HP) as under:-
That you were married to Sunita Devi on 04.12.2007 and after two months of your marriage with Smt. Sunita Devi, you, being the husband of said Smt. Sunita Devi, in furtherance of a common intention with your co-accused, subjected her to cruelty, .
namely, used to torture and maltreat her in order to fulfill your illegal demand of dowry and that you thereby committed an offence punishable under Section 498-A read with Sec. 34 IPC and within the cognizance of this Court.
Lastly - That on or about 24.11.2008 in the morning time at village Sepdu-Gadiyarda, Smt. Sunita Devi committed suicide by hanging and you in of furtherance of a common intention with your co- accused, abetted the commission of suicide by torturing and maltreating the deceased Smt. Sunita Devi in order to fulfill your illegal demand of dowry rt and thereby committed an offence punishable under Sec.306 read with Sec. 34 IPC and within the cognizance of this Court.
And I hereby direct that you be tried by this Court on the said charge.
08.05.2009 Sd/-
Sessions Judge, Kangra at Dharmshala Certified that the contents of aforesaid charge have been read over and explained to the accused in Hindi vernacular language.
08.05.2009 Sd/-
Sessions Judge, Kangra at Dharmshala"
____________________________________________________ "Charge
1. P.S.Rana, Sessions Judge, Kangra at Dharmshala do hereby charge accused Kanta Devi wife of Shri Swaroop Singh, aged 47 years, resident of village Sepdu-Gadiyarda, Tehsil Dehra, District Kangra (HP) as under:-
That your son Devinder Singh was married to Sunita Devi on 04.12.2007 and after two months of ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 22 -
his marriage with Smt. Sunita Devi, you, being the mother in law of said Sat. Sunita Devi, in furtherance of a common intention with your co-accused, subjected her to cruelty. namely, used to torture and maltreat her in order to fulfill your illegal demand of dowry and that you thereby committed an offence punishable .
under Section 498-A read with Sec. 34 IPC and within the cognizance of this Court.
Lastly - That on or about 24.11.2008 in the morning time at village Sepdu-Gadiyarda, Smt. Sunita Devi committed suicide by hanging and you in furtherance of a common intention with your co- accused, abetted the commission of suicide by torturing and maltreating the deceased Smit, Sunita Devi in order to fulfill your illegal demand of dowry of and thereby committed an offence punishable under Sec. 306 read with Sec.34 IPC and within the cognizance of this Court.
rt And I hereby direct that you be tried by this Court on the said charge.
08.05.2009 Sd/-
Sessions Judge, Kangra at Dharmshala Certified that the contents of aforesaid charge have been read over and explained to the accused in Hindi vernacular language.
08.05.2009 Sd/-
Sessions Judge, Kangra at Dharmshala"
36. From a perusal of the charge, it would be clear that the accused persons were made to face the charge under Section 498-A IPC that they in furtherance of their common intention had subjected the deceased to cruelty and such maltreatment has been specified as "use of torture and maltreatment her in order to fulfil the illegal demand of dowry", meaning thereby that no other form of cruelty has ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 23 -
been attributed/levelled for which any separate or distinct charge has been framed against the accused persons. It would be noticed that the learned Court below has convicted .
the accused persons simply on the ground of so-called maltreatment and harassment meted out to the deceased, but this was not the charge framed against the accused persons.
37. It needs to be noticed here that PW-1, Saroop of Singh, father of the deceased has stated that the deceased committed a suicide due to maltreatment and harassment rt given by the accused persons. He further stated that the accused persons used to taunt the deceased, but has failed to specify the so-called taunts and further specify the exact words that were used by the accused persons.
38. Now adverting to the testimony of PW-3, Soma Devi, mother of the deceased, she too stated that the accused persons used to taunt the deceased and further stated that in her marriage nothing was given by the parents of the deceased. She further stated that the accused persons used to taunt the deceased that her father was a mason and was of lower status.
39. The Hon'ble Supreme Court in Vipin Jaiswal Versus State of Andhra Pradesh, (2013) 3 SCC 684, held ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 24 -
that the prosecution is required to prove beyond reasonable doubt that the deceased was subjected to cruelty and harassment by the accused. It was observed from the .
evidence of the prosecution witnesses and in particular PW-1 and PW-4 therein that they had made general allegations of harassment by the accused towards the deceased and had not brought any evidence and specific acts of cruelty or of harassment by the accused on the deceased. It was held that onus was on the prosecution to prove beyond reasonable rt doubt the ingredients of Section 498-A IPC. Relevant portion of the judgment reads as under:-
"7. In any case, to hold an accused guilty of both the offences under Sections 304-B and 498-A IPC, the prosecution is required to prove beyond reasonable doubt that the deceased was subjected to cruelty or harassment by the accused. From the evidence of the prosecution witnesses, and in particular PW 1 and PW 4, we find that they have made general allegations of harassment by the appellant towards the deceased and have not brought in evidence any specific acts of cruelty or harassment by the appellant on the deceased.
16. In our considered opinion, the evidence of DW 1 (the appellant) and Ext.D-19 cast a reasonable doubt on the prosecution story that the deceased was subjected to harassment or cruelty in connection with demand of dowry. In our view, onus was on the prosecution to prove beyond reasonable doubt the ingredient of Section 498-A IPC and the essential ingredient of offence under Section 498-A is that the accused, as the husband of the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 25 -
deceased, has subjected her to cruelty as defined in the Explanation to Section 498- A IPC. Similarly, for the Court to draw the presumption under Section 113-B of the Evidence Act that the appellant had caused dowry death as defined in Section 304-B IPC, .
the prosecution has to prove besides the demand of dowry, harassment or cruelty caused by the accused to the deceased soon before her death. Since the prosecution has not been able to prove beyond reasonable doubt this ingredient of harassment or cruelty, neither of the offences under Sections 498- A and 304-B IPC has been made out by the prosecution."
of
40. As per ratio laid down by the Hon'ble Supreme Court in Vipin Jaiswal's case (supra), in absence of any rt specific allegation, like, date, time of incident much credence to the testimonies of PW-1 and PW-3 cannot be given, as the prosecution has failed to establish beyond reasonable doubt that the deceased was treated with cruelty and harassment by the accused persons in-connection with demand of dowry.
41. The prosecution story regarding insufficient dowry or father of the deceased, being a mason or of a lower status, being labourer, does not inspire any confidence for the simple reason that it has come on record that marriage was arranged one and obviously then both the families knew each other and were fully aware of each other's financial, social and other conditions.
::: Downloaded on - 25/09/2023 20:35:02 :::CIS- 26 -
42. The learned Court below has completely erred in mis-appreciating and has rather mis-construed the statement of PW-8, Surinder Kumar, who is brother of the deceased and .
had specifically stated that the deceased had committed a suicide due to sorrowful condition which was not the charge required to be answered or was framed against the accused persons.
of
43. Further reliance placed on the testimony of PW-9, Ranjna Devi, by the learned Court below, was also totally rt misplaced as her testimony to the effect that the accused persons did not allow the deceased to visit her parents' house.
The further testimony that mother-in-law of the deceased used to taunt the deceased and used to tell that she had not brought anything from her parents' house is clearly an after-
thought because ever as per PW-3 the accused persons committed cruelty as they did not allow the deceased to visit her parents' house, which otherwise is contrary to the records, as there is sufficient evidence on record in the statements of all these witnesses, i.e., PW-1 (Saroop Singh), PW-3 (Soma Devi), PW-8 (Surinder Kumar) and PW-9 (Ranjna Devi), which goes to indicate that there was no restraint on the movement of the deceased. The other allegation of the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 27 -
prosecution was that the deceased was not given proper treatment and this has been stated by all these witnesses, but this was not the charge framed.
.
44. Even otherwise, there is sufficient material available on record in the depositions of the aforesaid PWs, which go to indicate that the deceased was not only taken to the Civil Hospital, but was also taken to Private Hospital, i.e., of Mission Hospital. Moreover, there is nothing brought on record by the prosecution that treatment as was being made rt available and given to the deceased was in any way inadequate or not proper or any other better treatment within the financial reach of the accused persons could have been made available to the deceased.
45. It has specifically come on record that the deceased had suffered an abortion and after two months of her marriage, she had become sick. However, in such circumstances, it is not difficult to comprehend that on account of abortion, the deceased was undergoing a lot of psychological trauma and could have been undergoing depression or having similar other psychological issues, as is otherwise stated by her brother PW-8 (Surinder Kumar), who, in his cross-examination has clearly stated that the period of ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 28 -
marriage of his sister was only for eleven months and out of that, she remained there for two months and thereafter she remained sick and due to her illness, she mostly remained .
alone and did not talk with anybody.
46. It also needs to be noticed that the deceased had spent the entire Kala Mahina in her parents' house as admitted by PW-1 (Saroop Singh), but even this fact was of disputed by the other witnesses, i.e., PW-3, PW-8 and PW-9, who were out and out to state that the accused persons rt would not permit the deceased to leave her house. As already observed above, it was only out of the overzealousness of the mother of the deceased who felt that proper treatment was not given to her daughter that the instant case came to be filed. This Court cannot lose sight of the fact that the suggestions have come on record which too are an indicator that the mother of the deceased had been administering the Tantric treatment and some laceration marks were also found on the neck of the deceased at an earlier occasion when she was in her parents' house.
47. There is practically no evidence, whatsoever, led by the prosecution regarding any torture or maltreatment being meted out to the deceased to fulfil an illegal demand of ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 29 -
dowry. The allegations levelled by PW-1, PW-3, PW-8 and PW-9 are general in nature and the evidence led by the prosecution does not inspire any confidence of the Court to .
hold that the accused persons are guilty for commission of the offence under Section 498-A read with Section 34 IPC.
48. One of the things that weighed with the learned Court below to convict the accused persons, is an application of Ext.PW-1/A that was submitted by the father of the deceased to the Gram Panchayat.
49. rt Now adverting to the aforesaid application Ex.PW-1/A, we fail to understand that when this application was handed over to the Pradhan Gram Panchayat, then how could the original thereof have been exhibited on record, that too by father of the deceased and in ordinary course it should have been coming from the custody of Pradhan Gram Panchayat, PW-7 (Ichhiya Devi).
50. That apart, a perusal of the contents of aforesaid application would go to indicate that father of the deceased had made a complaint only regarding proper medical treatment not having been given to his daughter.
51. There are no allegations, whatsoever, that the deceased was being subjected to cruelty or being tortured and ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 30 -
maltreated by the accused persons in order to make illegal demand of dowry. Here, we deem it proper to reproduce in verbatim contents of application Ex.PW-1/A, which read as .
under:-
" से वा म, धान सिहबा गाँ व पं चायत सपडू, ीमित जी, of सिवनय िनवे दन यह है िक म स प िसं ह गाँ व क र पं चायत क र मने अपनी लड़की की शादी आपकी पं चायत सपडू म िदवे र िसं ह s/o ी स प िसं ह के घर की ई है l हम जब भी अपनी लड़की का हाल-चाल पू छने आते है rt तो यह हमारे साथ झगडा करते है ऐसा ों है हमारी लड़की िपछले दो तीन महीनो से बड़ी परे शान रहती और बीमार सी रहती है शाईद यह घर पर उसका ईलाज वगैरा ठीक ढं ग से नहीं हो पा रहा ह इसिलये हम चाहते है िक अपनी लड़की को अपने घर ले जाना चाहते है ूंिक हमारी ब ी है हम इस का ब त दु ःख लग रहा है और हम इसे िकसी अ े डॉ र को िदखा कर दवाई वगैरा ले कर दे सकते है पर हम इन सभी बातो पर जब भी कोई बात करते है तो यह सिव लड़की को डराते धमकाते है और लड़की डर जाती है इस पर कुछ भी हो सकता है िदमाग पर बोझ आता है l और वह बोलती नहीं और बात यह भी है िक लड़की का एक केस खराब हो चु का है िजस पर भी वह परे शान रहती है l और जो हमारी कुड़मनी कानतां दे वी हम झूठे लान शान वगैरा लगा दे ती है िक यह कहती है िक लड़की की मा लड़की का गला घोटती है और इसे मार दे ती है पर यह सभ झूठ बोलती है ूंिक कोई भी मा अपने ब ों को किभ भी ऐसा नहीं करती हमने बड़े चावों से उसे पाला है और इसकी शादी कर दी धान सिहबा जी आप इन वाता के ऊपर गौर कर और हम भी बताये यह बाते िवचार जो है l अगर कल को कोई भी उची िनची बात हो गई तो इसकी जु मेदार पं चायत होगीl Sd/-
िनवे दक
ी स प िसं ह s/o रतन िसं ह
गाँ व लग डाक घर वनखं डी
त दे हरा िजला काँ गड़ा (िह )"
::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 31 -
52. Thus, we have no hesitation to conclude that the findings as recorded by the learned Court below connecting the accused persons with the commission of an offence under .
Section 498-A read with Section 34 IPC are perverse and, therefore, findings to this extent are set aside. Consequently, both the accused persons are acquitted of the charges accordingly.
of
53. As regards the commission of offence under Section 306 IPC, even though, it is vehemently argued by rt Ms. Sharmila Patial, learned Additional Advocate General that the prosecution had proved its case beyond reasonable doubt, however, as rightly observed by the learned Court below that there is no positive, cogent and reliable material placed on record by the prosecution to prove that the accused had abetted the deceased to commit suicide. There is practically no evidence led by the prosecution to prove that the accused persons had abetted the deceased to commit suicide.
54. That apart, we have already acquitted the accused persons for commission of offence under Section 498-A read with Section 34 IPC. Moreover, there is no evidence led by the prosecution to show that the deceased had been harassed ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 32 -
and there is some positive action proximate to the time of occurrence that is the time when the deceased had committed suicide.
.
55. It is apt to reproduce Sections 306 as well as 107 IPC, which read as thus:-
Section 306 IPC "Abetment of suicide-
of 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 rt years, and shall also be liable to fine."
Section 107 IPC "Abetment of a thing.--A person abets the doing of a thing, who--
(First) -- Instigates any person to do that thing; or (Secondly) --Engages 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 or procure, a thing to be done, is said to instigate the doing of that ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 33 -
thing.
Explanation 2.--Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby .
facilitate the commission thereof, is said to aid the doing of that act."
56. A plain reading of the aforesaid provisions reveals that to justify the framing of charges under Section of 306 IPC, the following ingredients must be established:
(i) death due to suicide ;
(ii) accused abets the commission of suicide.
rt
57. Word 'suicide' is not defined in IPC. However, meaning and import thereof was considered by the Hon'ble Supreme Court in Gangula Mohan Reddy vs. State of Andhra Pradesh (2010) 1 SCC 750 wherein the Hon'ble Supreme Court observed that word 'suicide' is not defined in the Indian Penal Code. However, it's meaning and import is well known. The word 'sui' means 'self' and 'cide' means 'killing'. In other words, the act must have been so intended to push the deceased in a situation that the deceased is driven to commit suicide. The Hon'ble Supreme Court in para 17 held as under:
"17. Abetment involves a mental process of instigating a person or intentionally aiding a ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 34 -
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 this act must have been intended to push the deceased into such a position that he committed suicide."
58. What is abetment, was considered by the Hon'ble of Supreme Court in S.S. Chheena vs. Vijay Kumar Mahajan and another (2010) 12 SCC 190 and elaborated the rt meaning of 'abetment' in paras 25 of the judgment as under:
"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.
26. In the instant case, the deceased was undoubtedly hypersensitive to ordinary petulance, discord and differences which happen in our day-to-day life. Human sensitivity of each individual differs from the other. Different people behave differently in the same situation".
59. What is 'instigation', was considered by the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 35 -
Hon'ble Supreme Court in Ramesh Kumar vs. State of Chattisgarh, (2001) 9 SCC 618, and defined the meaning of instigation in para 20 of its report, which reads thus:
.
"20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left rt with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation."
60. In Sanju alias Sanjay Singh Sengar vs. State of M.P. (2002) 5 SCC 371, the Hon'ble Supreme Court gave interpretation to the words 'abetment' and 'instigation' in the following manner:
"6. Section 197 I.P.C defines abetment to mean that a person abets the doing of a thing if he firstly, instigates any person to do that thing; or secondly, engages 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.
9. In Mahendra Singh v. State of M.P., 1995 Supp.(3) SCC 731, the appellant was charged ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 36 -
for an offence under Section 306 I.P.C basically based upon the dying declaration of the deceased, which reads as under: (SCC p.731, para1) "My mother-in-law and husband and sister-in-law (husband's elder brother's .
wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law.
Because of these reasons and being harassed I want to die by burning."
10. This Court, considering the definition of 'abetment' under Section 107 I.P.C., found that the charge and conviction of the appellant for of an offence under Section 306 is not sustainable merely on the allegation of harassment to the deceased. This Court further held that neither rtof the ingredients of abetment are attracted on the statement of the deceased.
11. In Ramesh Kumar V. State of Chhattisgarh (2001) 9 SCC 618, this Court while considering the charge framed and the conviction for an offence under Section 306 I.P.C. on the basis of dying declaration recorded by an Executive Magistrate , in which she had stated that previously there had been quarrel between the deceased and her husband and on the day of occurrence she had a quarrel with her husband who had said that she could go wherever she wanted to go and that thereafter she had poured kerosene on herself and had set fire.
Acquitting the accused this Court said: (SCC p.620) "A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 37 -
society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged for abetting the offence of suicide should be found guilty."
.
12. Reverting to the facts of the case, both the courts below have erroneously accepted the prosecution story that the suicide by the deceased is the direct result of the quarrel that had taken place on 25th July, 1998 wherein it is alleged that the appellant had used abusive language and had reportedly told the deceased 'to go and die'. For this, the courts relied on a statement of Shashi Bhushan, brother of the of deceased, made under Section 161 Cr.P.C. when reportedly the deceased, after coming back from the house of the appellant, told him rtthat the appellant had humiliated him and abused him with filthy words. The statement of Shashi Bhushan, recorded under Section 161 Cr.P.C. is annexed as annexure P3 to this appeal and going through the statement, we find that he has not stated that the deceased had told him that the appellant had asked him 'to go and die'. Even if we accept the prosecution story that the appellant did tell the deceased 'to go and die', that itself does not constitute the ingredient of 'instigation'. The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is in a fit of anger and emotional. Secondly, the alleged abusive words, said to have been told to the deceased were on 25th July, 1998 ensued by quarrel. The deceased was found hanging on 27th July, 1998. Assuming that the deceased had taken the abusive language seriously, he had enough time in between to think over and reflect and, therefore, it cannot be said that the abusive language, which had been used by the appellant on 25th July, 1998 drove the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 38 -
deceased to commit suicide. Suicide by the deceased on 27th July, 1998 is not proximate to the abusive language uttered by the appellant on 25th July, 1998. The fact that the deceased committed suicide on 27th July, 1998 would itself clearly pointed out that it is not the direct .
result of the quarrel taken place on 25th July, 1998 when it is alleged that the appellant had used the abusive language and also told the deceased to go and die. This fact had escaped notice of the courts below."
61. In Chitresh Kumar Chopra vs. State (Govt. of of NCT of Delhi) (2009) 16 SCC 605, the Hon'ble Supreme Court observed that there should be intention to provoke, rt incite or encourage the doing of an act by the latter. Each person has his own idea of self-esteem and self-respect.
Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances. It is apt to reproduce paras 16 and 17 of the judgment which read thus:-
"16. Speaking for the three-Judge Bench, in Ramesh Kumar case,, R.C. Lahoti, J. (as His Lordship then was) said that instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of "instigation", though it is not necessary that actual words must be used to that effect or what constitutes "instigation" must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be (2001) 9 SCC 618 capable of being spelt out. Where the accused had, by his acts or omission or by a ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 39 -
continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, in which case, an "instigation" may have to be inferred. A word uttered in a fit of anger or emotion without intending the consequences to .
actually follow, cannot be said to be instigation.
17. Thus, to constitute "instigation", a person who instigates another has to provoke, incite, urge or encourage doing of an act by the other by "goading" or "urging forward". The dictionary meaning of the word "goad" is "a thing that stimulates someone into action: provoke to action or reaction" (See: Concise Oxford English of Dictionary); "to keep irritating or annoying somebody until he reacts" (See: Oxford Advanced Learner's Dictionary - 7th Edition)."
62. rt In Praveen Pradhan vs. State of Uttaranchal and another (2012) 9 SCC 734, it was held by the Hon'ble Supreme Court that offence of abetment by instigation depends upon intention of person who abets and not upon the act which is done by person who has abetted. The abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC. A reasonable certainty to incite the consequences must be capable of being spelt out.
A continued course of conduct which creates such circumstances that deceased was left with no other option but to commit suicide would satisfy the ingredients of instigation to commit suicide or abetment of suicide. It is apt to reproduce paras 16 to 18 of the judgment which read as ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 40 -
under:-
"16. This Court in Ramesh Kumar v. State of Chhattisgarh, while dealing with a similar situation observed that what constitutes 'instigation' must necessarily and specifically be .
suggestive of the consequences. A reasonable certainty to incite the consequences must be capable of being spelt out. More so, a continued course of conduct is to create such circumstances that the deceased was left with no other option but to commit suicide.
17. The offence of abetment by instigation depends upon the intention of the person who of abets and not upon the act which is done by the person who has abetted. The abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC. However, the rt words uttered in a fit of anger or omission without any intention cannot be termed as instigation. (Vide: State of Punjab v. Iqbal Singh, AIR 1991 SC 1532; Surender v. State of Hayana, (2006) 12 SCC 375; Kishori Lal v. State of M.P., AIR 2007 SC 2457; and Sonti Rama Krishna v. Sonti Shanti Sree, (2009) 1 SCC 554.)
18. In fact, from the above discussion it is apparent that instigation has to be gathered from the circumstances of a particular case. No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which force the person to commit suicide. In a particular case, there may not be direct evidence in regard to instigation which may have direct nexus to suicide.
Therefore, in such a case, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which in fact had created the situation that a person felt totally frustrated and committed suicide. More so, while dealing with an application for quashing of the proceedings, a court cannot form a firm opinion, rather a tentative view that would evoke the presumption referred to under Section 228 Cr.P.C.".::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 41 -
63. Similar issue came up for consideration before the Hon'ble Supreme Court in State of Kerala and others vs. S. Unnikrishnan Nair and others AIR 2015 SC 3351 and it .
was observed by the Hon'ble Supreme Court in paragraphs 9, 11, 12, 13 and 17 as under:-
"9. Mr. Prashant Bhushan, learned counsel appearing for the respondent Nos.1 and 2, per contra, would contend that the High Court has justifiably quashed the of investigation, for Haridath, the deceased, was holding a superior rank and there is nothing to suggest that the respondents had instigated him or done any activity rt that had left the deceased with no option but to commit suicide. He has placed reliance upon Netai Dutta vs. State of West Bengal, (2005) 2 SCC 659 and M. Mohan vs. State, Represented by the Deputy Superintendent of Police, (2011) 3 SCC 626.
11. The aforesaid provision was interpreted in Kishori Lal v. State of M.P[4] by a two- Judge Bench and the discussion therein is to the following effect:-
"Section 107 IPC defines abetment of a thing. The offence of abetment is a separate and distinct offence provided in IPC. A person, abets the doing of a thing when (1) he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to complete abetment as a crime. The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 42 -
intentional aid, as provided in the three clauses of Section 107. Section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the .
offender is to be punished with the punishment provided for the original offence. "Abetted" in Section 109 means the specific offence abetted. Therefore, the offence for the abetment of which a person is charged with the abetment is normally linked with the proved offence."
12. In Analendu Pal Alis Jhantu v. State of of West Bengal (2010) 1 SCC 707 dealing with expression of abetment the Court observed:-
"The expression "abetment" has been rt defined under Section 107 IPC which we have already extracted above. A person is said to abet the commission of suicide when a person instigates any person to do that thing as stated in clause Firstly or to do anything as stated in clauses Secondly or Thirdly of Section 107 IPC. Section 109 IPC provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original offence. Learned counsel for the respondent State, however, clearly stated before us that it would be a case where clause Thirdly of Section 107 IPC only would be attracted. According to him, a case of abetment of suicide is made out as provided for under Section 107 IPC."
13. As we find from the narration of facts and the material brought on record in the case at hand, it is the suicide note which forms the fulcrum of the allegations and for proper appreciation of the same, we have reproduced it herein-before. On a plain reading of the same, it is difficult to hold that there has been any abetment by the respondents. The note, except saying that ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 43 -
the respondents compelled him to do everything and cheated him and put him in deep trouble, contains nothing else. The respondents were inferior in rank and it is surprising that such a thing could happen. That apart, the allegation is .
really vague. It also baffles reason, for the department had made him the head of the investigating team and the High Court had reposed complete faith in him and granted him the liberty to move the court, in such a situation, there was no warrant to feel cheated and to be put in trouble by the officers belonging to the lower rank. That apart, he has also put the blame on of the Chief Judicial Magistrate by stating that he had put pressure on him. He has also made the allegation against the rt Advocate.
17. We have quoted in extenso from the said judgment and we have no hesitation in stating that the suicide note therein was quite different, and the Court did think it appropriate to quash the proceedings because of the tenor and nature of the suicide note. Thus, the said decision is distinguishable regard being had to the factual score exposited therein."
64. Thus, what can be taken to be settled is that the abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.
65. In Amalendu Pal alias Jhantu Versus State of West Bengal, AIR 2010 Supreme Court 512, the Hon'ble Supreme Court held that harassment must be coupled with some positive action proximate to the time of occurrence. In absence of proof of such proximate action on the part of the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 44 -
accused, he or she cannot be convicted under Section 306 IPC. In order to bring a case within the purview of Section 306 IPC, there must be a case of suicide and for the .
commission of such offence, the person who is said to have abetted the commission of offence of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of offence of suicide.
of Therefore, the act of abetment by a person charged with the said offence must be proved and established by the rt prosecution before he could be convicted under Section 306 IPC. Paragraph-16 of the said report is reproduced as under:-
"16. In order to bring a case within the purview of Section 306 of IPC there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC."
66. The Hon'ble Supreme Court in Randhir Singh and another Versus State of Punjab, (2004) 13 SCC 129 has reiterated the legal position as regards Section 306 IPC in paragraphs-12 and 13, which read as thus:-
::: Downloaded on - 25/09/2023 20:35:02 :::CIS- 45 -
"12. Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing.
.
More active role which can be described as instigating or aiding the doing of a thing it required before a parson can be said to be abetting the commission of offence under Section 306 of IPC.
13. In state of West Bengal v. Orilal Jaiswal, AIR (1994) SC 1418 this Court has observed that the courts should be of extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty rt meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance discord and differences were not expected to induce a similarly circumstanced individual in a given', society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty."
67. Therefore, what is required is that unless there is a positive action proximate to the time of occurrence on the part of the accused persons, which alone compels the person to commit suicide, conviction under Section 306 IPC is not sustainable. The legal position has recently been reiterated ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 46 -
by the Hon'ble Supreme Court in Mariano Anto Bruno and another Versus Inspector of Police, AIR 2022 Supreme Court 4994, wherein, vide paragraphs 25 and 26, it was .
observed as under:-
"25. The ingredients of Section 306 IPC have been extensively laid out in M. Arjunan Vs. State, represented by its Inspector of Police7 which are as under: -
"The essential ingredients of the of offence under Section 306 I.P.C. are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to rt commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide.
Unless the ingredients of instigation/ abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."
26. In order to convict an accused under Section 306 IPC, the state of mind to commit a particular crime must be visible with regard to determining the culpability. With regard to the same, a two-judge bench of this Court in Ude Singh & Ors. Vs. State of Haryana8 observed as under:-
"16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 47 -
question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behavior and responses/ .
reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such of action on the part of the accused which compels the person to commit suicide; and such an rt offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
16.1. For the purpose of finding out if a person has abetted commission of suicide by another; the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 48 -
of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role .
in tarnishing the selfesteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide.
The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the of accused and if the acts and deeds are only of such nature where the accused intended nothing more rt than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased."
68. Since the prosecution has failed to prove by leading clear, cogent and convincing evidence that the deceased was meted out with harassment by the accused persons just before her death or close proximate of her death, therefore, it can conveniently be held that the prosecution has miserably failed to prove the allegations of Section 306 IPC ::: Downloaded on - 25/09/2023 20:35:02 :::CIS
- 49 -
and, therefore, the accused persons have been rightly acquitted by the learned Court below.
69. The upshot of the discussion is that we find merit .
in the appeal filed by the accused persons, i.e., Criminal Appeal No.507 of 2010 and the same is accordingly allowed by setting aside the impugned judgment of conviction dated 23/27.10.2010 passed in Sessions Case No.12-G/VII-2009 of by the learned Court below.
70. As regards the appeal, i.e, Criminal Appeal No.11 rt of 2011, titled as State of Himachal Pradesh Versus Devinder Singh and another, filed by the State, the same is dismissed in view of the observations made hereinabove.
71. In view of the provisions of Section 437-A Cr.P.C., both the accused persons, appellants herein, are directed to furnish personal bonds in the sum of Rs.50,000/- with one surety each of the like amount to the satisfaction of the learned Registrar (Judicial) of this Court, which shall be effective for a period of six months with a stipulation that in an event of an SLP being filed against this judgment or on grant of the leave, the accused persons, appellants herein, on receipt of notice thereof, shall appear before the Hon'ble Supreme Court.
::: Downloaded on - 25/09/2023 20:35:02 :::CIS- 50 -
72. All pending miscellaneous application(s), if any, shall also stand disposed of.
73. Records be sent back.
.
(Tarlok Singh Chauhan) Judge (Ranjan Sharma) Judge of September 25th , 2023 (Bhardwaj) rt ::: Downloaded on - 25/09/2023 20:35:02 :::CIS