2024 (12) TMI 1527 - SC - Indian Laws

Abetting the suicide of the deceased - Refusal to discharge the appellants accused from offences punishable under sections 306 498A and 114 of the Indian Penal Code 1860 - challenge to order of High Court wherein the High Court in the impugned order has dismissed the same and held that the appellants failed to bring any material on record to prove that a prima facie case is not made out to frame charges against them. Whether a prima facie case under Section 498A IPC is made out against the appellant accused? - HELD THAT - In the present case the deceased has committed suicide after twelve years of marriage. In these twelve years the informant and other witnesses on record have stated that the deceased had informed them on multiple occasions that she was subjected to physical and mental harassment by the appellants herein. It has also been stated that once before she had returned to her parental home owing to the alleged cruelty and was later sent back to her matrimonial house. Deceased s father who is the informant has also stated that around twelve months prior to her death the appellants had sold the deceased s streedhan and had tortured her when she demanded them back. The same has also been stated by her relatives who have been examined by the Investigating Officer during investigation - From a perusal of the FIR findings of the Investigating Officer in the chargesheet as well as the statements of the deceased s cousins recorded during investigation prima facie indicate that the deceased was subjected to physical as well as mental cruelty by her husband and the in-laws. There is also the specific instance related to the alleged selling of the gold ornaments and subsequent cruelty upon the demand for return made by the deceased. A preliminary analysis as required during the stage of charge-framing points towards the probable commission of the offence of cruelty as provided under section 498-A IPC. The appellants cannot be discharged for offence under section 498-A IPC and should be charged with and tried for the same. Whether a prima facie case under Section 306 IPC is made out against the appellant accused? - HELD THAT - Section 306 of the IPC penalizes those who abet the act of suicide by another. For a person to be charged under this section the prosecution must establish that the accused contributed to the act of suicide by the deceased. This involvement must satisfy one of the three conditions outlined in Section 107 of the IPC. These conditions include the accused instigated or encouraged the individual to commit suicide conspiring with others to ensure that the act was carried out or engaging in conduct (or neglecting to act) that directly led to the person taking his/her own life. For a conviction under Section 306 IPC there must be clear evidence of direct or indirect acts of incitement to commit suicide. The cause of suicide especially in the context of abetment involves complex attributes of human behavior and reactions requiring the Court to rely on cogent and convincing proof of the accused s role in instigating the act. Mere allegations of harassment are not enough unless the accused s actions were so compelling that the victim perceived no alternative but to take their own life. Such actions must also be proximate to the time of the suicide. The Court examines whether the accused s conduct including provoking urging or tarnishing the victim s self-esteem created an unbearable situation. If the accused s actions were intended only to harass or express anger they might not meet the threshold for abetment or investigation. Each case demands a careful evaluation of facts considering the accused s intent and its impact on the victim. This Court in UDE SINGH AND ORS. VERSUS STATE OF HARYANA 2019 (7) TMI 2054 - SUPREME COURT held that to convict an accused under Section 306 IPC the intent or mental state to commit the specific crime must be evident when assessing culpability. The appellants did not have the requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased - the ingredients for the offence under Section 306 IPC are not made out even on a preliminary analysis of the material on record. Therefore they cannot be charged under Section 306 IPC and thus deserve to be discharged of the same. Conclusion - i) The charge u/s 498A IPC upheld emphasizing that the allegations and evidence presented constituted a prima facie case of cruelty. The trial under this provision will proceed against the appellants. ii) Regarding Section 306 IPC the Court found no sufficient evidence of abetment resulting in the discharge of the appellants from this charge. The appeal filed by the appellants is partly allowed they are discharged from the charges under Section 306 of the IPC however the charge under Section 498A of the IPC is upheld and the trial under this provision shall proceed against them.

Summary

The present legal judgment involves a criminal appeal arising from an order of the Gujarat High Court, which rejected the appellants' application for discharge from charges under sections 306, 498A, and 114 of the Indian Penal Code (IPC). The appellants were accused of abetting the suicide of the deceased, who was subjected to alleged physical and mental harassment by the appellants, her husband, and in-laws.

Issues Presented and Considered

1. Whether a prima facie case under Section 498A, IPC is made out against the appellant - accused?

2. Whether a prima facie case under Section 306, IPC is made out against the appellant - accused?

3. Whether the appellant - accused can be discharged for the offences under sections 306 and 498A, IPC?

Issue-Wise Detailed Analysis

Issue 1: Section 498A, IPC

The legal framework under Section 498A, IPC addresses the punishment for a husband or relatives of a husband subjecting a woman to cruelty. The Court referred to precedents such as U. Suvetha v. State and State of A.P. v. M. Madhusudhan Rao, which outline the necessary ingredients to constitute the offence: the woman must be married, subjected to cruelty or harassment, and such acts must be committed by the husband or his relatives.

The Court found that the deceased had informed her family of consistent physical and mental harassment by the appellants. Witness statements indicated that the deceased was subjected to cruelty, including the selling of her streedhan and subsequent harassment. The Court concluded that these allegations, along with specific instances, constituted a prima facie case under Section 498A, IPC, warranting the trial to proceed.

Issue 2: Section 306, IPC

Section 306 of the IPC deals with the abetment of suicide, requiring the establishment of mens rea and active involvement in instigating the act. The Court analyzed the legal principles, emphasizing the necessity of a direct or indirect act of incitement as outlined in cases like S.S. Chheena v. Vijay Kumar Mahajan and Ramesh Kumar v. State of Chhattisgarh.

The Court determined that the evidence did not demonstrate a proximate link between the alleged harassment and the suicide. The incidents of selling ornaments and harassment occurred a year prior, lacking the immediacy required to establish abetment. The absence of mens rea and direct acts to instigate the suicide led the Court to conclude that the ingredients for Section 306, IPC were not satisfied, warranting discharge from this charge.

Significant Holdings

The Court upheld the charge under Section 498A, IPC, emphasizing that the allegations and evidence presented constituted a prima facie case of cruelty. The trial under this provision will proceed against the appellants.

Regarding Section 306, IPC, the Court found no sufficient evidence of abetment, resulting in the discharge of the appellants from this charge. The Court highlighted the lack of a direct link between the appellants' actions and the suicide, as well as the absence of mens rea necessary for conviction under this section.

In conclusion, the appeal was partly allowed, with the appellants discharged from charges under Section 306, IPC, but the charge under Section 498A, IPC was upheld for trial.