9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 1655 - SC - Indian LawsAbatement of suicide - conviction u/s 306 of the Indian Penal Code (IPC) - Whether the prosecution has successfully proved the liability of accused under Section 306 of IPC beyond the scope of all reasonable doubts? - HELD THAT - The High Court has found that the trial court has acquitted the accused on the ground that the deceased was not fit to write Ex. PW-10/A and PW-10 Dr. Sanjay had not issued the certificate that the deceased was in a fit mental condition to give the statement on 24.07.2008. The High Court has observed that it had perused Ex. PW-10/A wherefrom it was reflectible that the victim had written that the accused would be responsible for her death. As far as reliability of evidence of PW-1 and PW-9 the parents of the victim are concerned the reasons for not treating their version as reliable is based on the fact that they had not reported the incident in writing to the Gram Panchayat. On a perusal of the evidence in entirety it is found that the High Court has appropriately dislodged the analysis made by the trial court. The evidence has to be appreciated regard being had to various circumstances. It is to be noted that the accused has been acquitted in the earlier offence and he has become a constant nuisance for the victim. In such a situation the poor parents had no other option but to make a complaint to the Gram Panchayat. To hold that their evidence is reproachable as the complaint was not given in writing manifestation of perverse approach. On a perusal of the evidence in entirety we find that the testimonies of the parents are absolutely unimpeachable and deserve credence. Whether Section 306 IPC gets attracted. Submission of the learned counsel for the appellant is that even assuming the allegation is accepted to have been proved it would not come within the ambit and scope of Section 306 IPC as there is no abetment? - HELD THAT - The word abetment has not been explained in Section 306 IPC. In this context the definition of abetment as provided under Section 107 IPC is pertinent. Section 306 IPC seeks to punish those who abet the commission of suicide of other. Whether the person has abetted the commission of suicide of another or not is to be gathered from facts and circumstances of each case and to be found out by continuous conduct of the accused involving his mental element. In Randhir Singh and another v. State of Punjab 2004 (10) TMI 647 - SUPREME COURT the Court has observed that 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 is required before a person can be said to be abetting the commission of offence under Section 306 IPC. Whether there has been abetment in committing suicide? - HELD THAT - In the instant case the accused had by his acts and by his continuous course of conduct created such a situation as a consequence of which the deceased was left with no other option except to commit suicide. The active acts of the accused have led the deceased to put an end to her life. That apart we do not find any material on record which compels the Court to conclude that the victim committing suicide was hypersensitive to ordinary petulance discord and difference in domestic life quite common to the society to which the victim belonged. On the other hand the accused has played active role in tarnishing the self-esteem and self-respect of the victim which drove the victim girl to commit suicide. The cruelty meted out to her has in fact induced her to extinguish her life-spark - the High Court has not reversed the judgment of acquittal solely on the basis of dying declaration. It has placed reliance on the evidence of the parents and also other witnesses. It has also treated the version of the Pradhan of the Gram Panchayat as credible. All these witnesses have deposed that the accused after his acquittal engaged himself in threatening and teasing the girl. He did not allow her to live in peace. The right to live with dignity as guaranteed under Article 21 of the Constitution cannot be violated by indulging in obnoxious act of eve-teasing. It affects the fundamental concept of gender sensitivity and justice and the rights of a woman under Article 14 of the Constitution - the High Court has absolutely correctly reversed the judgment of acquittal and imposed the sentence. It has appositely exercised the jurisdiction and we concur with the same. Conclusion - The High Court s conviction of the accused under Section 306 IPC upheld agreeing that the evidence demonstrated the accused s active role in abetting the deceased s suicide. Appeal dismissed.
1. ISSUES PRESENTED and CONSIDERED
The primary issue in this case was whether the accused could be convicted under Section 306 of the Indian Penal Code (IPC) for abetment of suicide. The case required examination of whether the accused's actions constituted abetment under Section 107 IPC, which defines abetment. The court also considered the validity and reliability of the dying declaration made by the deceased, and whether the evidence presented, including testimonies from witnesses and the dying declaration, was sufficient to establish the accused's guilt beyond a reasonable doubt. 2. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents: The legal framework centered around Section 306 IPC, which deals with abetment of suicide, and Section 107 IPC, which defines abetment. The court referenced several precedents, including Jadunath Singh v. State of Uttar Pradesh, Shivaji Sahabrao Bobade v. State of Maharashtra, and Chandrappa v. State of Karnataka, which outline the powers of appellate courts in reviewing acquittals and the requirements for establishing abetment. Court's Interpretation and Reasoning: The court examined whether the accused's actions amounted to instigation or encouragement for the deceased to commit suicide. It analyzed the continuous conduct of the accused, including threats and harassment, to determine if these actions created a situation that left the deceased with no option but to end her life. The court also scrutinized the dying declaration and its admissibility without a medical fitness certificate. Key Evidence and Findings: The evidence included testimonies from the deceased's parents, the village Pradhan, and medical personnel. The dying declaration recorded by the Head Constable in the presence of a doctor was pivotal. The High Court found that the trial court erred in disregarding the dying declaration based on the absence of a medical fitness certificate and the extent of burn injuries. Application of Law to Facts: The court applied the principles from precedents to assess the reliability of the dying declaration and the testimonies. It concluded that the harassment and threats by the accused constituted abetment, as they created an unbearable situation for the deceased, leading her to commit suicide. Treatment of Competing Arguments: The defense argued that the trial court's acquittal was justified due to the lack of a medical fitness certificate for the dying declaration and the possibility of the deceased's hypersensitivity. The prosecution countered that the High Court properly reappraised the evidence and found the accused guilty based on the cumulative effect of the evidence, including the dying declaration and witness testimonies. Conclusions: The court concluded that the accused's actions amounted to abetment under Section 306 IPC. The dying declaration was deemed reliable, and the High Court's reversal of the trial court's acquittal was upheld. The court emphasized the societal implications of eve-teasing and harassment, affirming the accused's culpability. 3. SIGNIFICANT HOLDINGS Core Principles Established: The court reaffirmed that a dying declaration can be a sole basis for conviction if it is credible and reliable, even without a medical fitness certificate. It emphasized the need for appellate courts to thoroughly review evidence in appeals against acquittals and the importance of societal respect for women's rights. Final Determinations on Each Issue: The court upheld the High Court's conviction of the accused under Section 306 IPC, agreeing that the evidence demonstrated the accused's active role in abetting the deceased's suicide. The appeal was dismissed, reinforcing the legal principles regarding abetment and the admissibility of dying declarations.
|
