Brief Facts
- In this case, the accused persons (husband, mother-in-law and father-in-law) were convicted under Section 498A and Section 306 read with Section 34 of IPC. This conviction was upheld by the High Court.
- It was alleged that the Appellants illtreated the deceased both physically and mentally on account of demand of dowry. Due to such harassment, the deceased committed suicide by jumping into the open well.
- Aggrieved by the order passed by the High Court, accused filed an appeal before the Supreme Court.
Issues
- Whether mere fact of commission of suicide by itself would be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC?
- Whether to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely whether the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established?
Held
- The Supreme Court while upholding the conviction of the Appellants under Section 498A, acquitted the Appellants from the charges under Section 306 of IPC by giving them benefit of doubt. Since the Appellants have already undergone the imprisonment for a period of two years for the offence under Section 498A read with Section 34 of IPC, as directed by the courts below, they were directed to release the appellants forthwith.
- It clearly transpires that in order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established.
- In order to bring the case within the purview of ‘Abetment’ under Section 107 IPC, there has to be evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused. For the purpose proving the charge under Section 306 IPC, also there must be evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide.
- Though it is true that as per Section 113A of the Evidence Act, when the question arises as to whether commission of suicide by a woman had been abetted by her husband or any relative of her husband, and when it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court can presume, having regard to the other circumstances, that such suicide has been abetted by her husband or such relative of her husband. However, mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC.
Relevant Para No.
- 8, 10, 14, 17