9911796707
TMI Blog2024 (12) TMI 1527X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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. The Court, while dismissing the revision petition, observed that at the stage of charge framing, the Court's role is preliminary and limited to determining whether a prima facie case exists. The test applied is whether the materials presented by the prosecution, taken at its face value, disclose ingredients of the alleged offence. The Court is not required to evaluate the probative value of the evidence or assess its sufficiency for conviction. Instead, it only has to consider whether there is a strong suspicion that the accused might have committed the offence. This suspicion must be based on credible material and not on arbitrary conclusions. In the present case, witness statements revealed that the deceased had faced consistent physical and mental harassment by the accused. The harassment included selling the deceased's gold ornaments, which was her streedhan, and torturing her when she demanded their return. Witnesses also indicated that the harassment intensified before her suicide, particularly during a recent family ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the appellant - accused? 3. Whether the appellant - accused can be discharged for the offences under sections 306 and 498A, IPC? 8. Section 498A, IPC provides for punishment to the husband or to relatives of the husband of a woman subjecting the woman to cruelty. 'Cruelty' under this provision has been explained to mean - a. any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or b. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 9. This Court in the case of U. Suvetha v. State [(2009) 6 SCC 757], laid down the following ingredients to constitute the offence under section 498-A, IPC: i. The woman must be married; ii. She must be subjected to cruelty or harassment; and iii. Such cruelty or harassment must have been done either by husband of the woman or by the relative of her husband. 10. This Court has also held in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndicate 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. 15. Hence, the appellants cannot be discharged for offence under section 498-A, IPC and should be charged with and tried for the same. 16. Section 306 of the IPC provides for punishment for the offence of abetment of suicide. It has to be read with Section 107 of the IPC which defines the act of 'abetment'. The provisions read as follows: "306. Abetment of suicide.--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." "107. 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 ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by the Supreme Court is clear that in order to convict a person under Section 306IPC 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." 19. To bring a conviction under section 306, IPC it is necessary to establish a clear mens rea to instigate or push the deceased to commit suicide. It requires certain such act, omission, creation of circumstances, or words which would incite or provoke another person to commit suicide. This Court in the case of Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618], defined the word "instigate" as under: "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 consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused's behavior and the tragic outcome. It is only through the establishment of this direct link that a conviction under Section 306 IPC can be justified. The prosecution bears the burden of proving this active involvement to hold the accused accountable for the alleged abetment of suicide. The same position has been laid down by this court in several judgments, such as: i. M. Mohan v. State [(2011) 3 SCC 626]; ii. Amalendu Pal alias Jhantu v. State of West Bengal [(2010) 1 SCC 707]; iii. Kamalakar v. State of Karnataka [(2007) SCC OnLine Kar 824]. 24. Therefore, 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mit suicide, the case may fall within the four corners of Section 306IPC. If the accused plays an active role in tarnishing the self-esteem 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 accused and if the acts and deeds are only of such nature where the accused intended nothing more 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." 26. On a careful and close consideration of the facts and the material on record in the present case and in light of the law laid down by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
