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TMI Blog2009 (11) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 306 of the IPC with a default stipulation. The sentences awarded to the appellant were directed to run concurrently. 3. The facts necessary for the disposal of the present appeal and as presented by the prosecution may be set out at this stage. The appellant-Amalendu Pal @ Jhantu and the deceased - Dipika were married in the year 1977. Out of the said wedlock, two sons were born. The appellant was residing in Calcutta in connection with his work and earning. During his stay in Calcutta, the appellant developed an extra-marital relationship with one Jyotsna @ Anita. The relationship between the appellant and said Anita became known to the deceased and the deceased objected to such illegal relationship. The appellant sought permission of the deceased to marry said Anita, which was also refused by the deceased. Consequently, the appellant started torturing the deceased both physically and mentally. 4. After a few days, the appellant again tried to take the consent of the deceased for marrying said Anita and on refusal of the deceased, physical and mental torture was perpetrated on the deceased. It was alleged that the deceased was provoked by the appellant to end her life by con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also charged with the appellant for the aforesaid offences. The High Court entertained the said appeal and heard the counsel appearing for the parties. On conclusion of the arguments, the High Court passed a judgment and order upholding the order of conviction and affirming the sentence awarded to the appellant by the trial Court. The said order of conviction upheld by the High Court is under challenge in this appeal. 9. Mr. Pradip K. Ghosh, learned senior counsel appearing on behalf of the appellant, very painstakingly argued the appeal before us. He submitted that in the absence of cogent and reliable evidence to establish abetment of suicide by the appellant, the conviction of the appellant under Section 306 could not be sustained and was bad in law. He further submitted that the High Court erred in convicting the appellant under Section 306 IPC as the High Court failed to properly appreciate the evidence on record. He further strenuously submitted before us that there was no evidence of infliction of torture upon the deceased by the appellant immediately prior to the incident of suicide by the deceased and as such it could not be said that the appellant had incited the deceas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of that 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 facilitates the commission thereof, is said to aid the doing of that act. 13. The legal position as regards Sections 306 IPC which is long settled was recently reiterated by this Court in the case of Randhir Singh v. State of Punjab (2004) 13 SCC 129 as follows in paras 12 and 13: 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 is required before a person can be said to be abetting the commission of offence under Section 306 IPC. 13. In State of W.B. v. Orilal Jaiswal this Court has observed that the courts should be 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 meted out to the victim had in fact induced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable. 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. 17. The expression 'abetment' has been 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. Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion that the case in hand would fall within the ambit of clause firstly of or Explanation 1 to Section 107 IPC. 22. The prosecution, however, heavily relies on the clause thirdly of Section 107 IPC because, according to the prosecution, the appellant by way of harassment and torturing the deceased at various point of time and by marrying said Anita for the second time without the permission and against the will of the deceased, intentionally aided the commission of suicide by the deceased. 23. In support of the aforesaid contention, learned Counsel for the prosecution relied upon Explanation 2 to Section 107. He submitted that prior to the commission of suicide by the deceased, the appellant had, by bringing said Anita as his second wife to his house facilitated the commission of suicide by the deceased and thus, the appellant intentionally aided the commission of suicide by the deceased. The evidence on record, however, does not support such a case. It is pertinent to note that the appellant had brought Anita to stay with him at his house three months prior to the date of the death of the deceased. If the deceased had been so perturbed by the act of the appellant in marrying th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been taken note of in order to ascribe a meaning to the word "cruelty" as is expressed by the legislatures: whereas Explanation (a) involves three specific situations viz. (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a physical torture or atrocity, in Explanation (b) there is absence of physical injury but the legislature thought it fit to include only coercive harassment which obviously as the legislative intent expressed is equally heinous to match the physical injury: whereas one is patent, the other one is latent but equally serious in terms of the provisions of the statute since the same would also embrace the attributes of "cruelty" in terms of Section 498A. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 17. As regards the core issue as to whether charges under Sections 306 and 498A of the Indian Penal Code are independent of each other and acquittal of one does not lead to acquittal on the other, as noticed earlier, there appears to be a long catena of cases in affirmation thereto and as such further dilation is not necessary neither are we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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