IMPORTANT POINT
Where deceased was harassed and tortured on account of inadequate dowry and was being beaten by accused husband, if she committed suicide by hanging in matrimonial house, conduct of appellant would constitute abetment.

Headnote:Indian Penal Code, 1860 - Sections 306 and 498A - Deceased was married to appellant in 1994 and she committed suicide by hanging on 23-4-2002 night in her matrimonial house - She had been brought to matrimonial house about 10 days before incident by appellant from her parent’s house - Deceased was being harassed by appellant on account of demand of dowry - Mother, father and brother of deceased stated about harassment caused to deceased on account of inadequate dowry - About six months prior to incident, appellant came to PW4 maternal uncle of deceased and demanded Rs. 80,000/- for purchase of a tractor - PW4 refused to pay the amount and appellant started beating deceased - Evidence to show that appellant gave beating to deceased to such an extent that she became unable even to walk - Deceased was pregnant at the time of incident and a young pregnant woman would not ordinarily commit suicide unless she was compelled to do so - Conviction was not liable to be interfered with.
       Held : The letter, Ex. PE, has been produced on record during the cross-examination of PW-4 Sombir. He stated that his sister had received this letter and she had handed over this letter to him about 2-3 days of its receipt. A perusal of this letter shows that her father-in-law and mother-in-law had stopped saying anything to Pushpa but her husband, Surender, had given severe beating to her to the extent that she had become incapacitated and was unable to walk. (Para 18)
       It was submitted by learned counsel for the appellant that no offence has been made under Section 306 IPC because there is nothing to show any intention to abet or urge the deceased to commit suicide. We do not agree. As observed by the High Court in the impugned judgment, "to instigate means to goad, urge, provoke, incite or encourage someone to do an act. It is not necessary that express words should be used in order to instigate. The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted".(Para 19)
       It has come in the evidence of PW-2 Prem, PW-4 Sombir and PW-10 Dilbag Singh that the deceased Pushpa had been harassed due to the demands of dowry. About six months prior to the occurrence, the appellant visited the house of Sombir, the maternal uncle of the deceased where Pushpa had studied upto class VIII, and demanded Rs. 80,000/- for purchase of a tractor. However, when PW-4 Sombir refused to pay the amount, Surender started beating the deceased and ultimately she was turned out of the matrimonial house and went to her parents house where she stayed for about three months. Thereafter she was taken back by the appellant with the assurance that he will treat Pushpa well, but ten days thereafter she committed suicide. It has come in evidence that Surender gave beating to Pushpa to such an extent that she became unable even to walk.(Para 20)
       The deceased Pushpa was pregnant at the time of the suicide and we agree with the High Court that a young pregnant women having a child in the womb would not ordinarily commit suicide unless she was compelled to do so. We also agree that she would not have felt depressed if she had not been harassed on account of demand for dowry. (Para 21)
       Both the courts below have held against the accused and we fully agree with the reasoning given in the judgment by the courts below. (Para 23)

JUDGMENT

Markandey Katju, J. - This appeal has been filed against the impugned judgment of the Punjab & Haryana High Court dated 24.2.2003 in Criminal Appeal No. 1827 of 2002.

2. Heard learned counsel for the parties and perused the record.

3. Briefly stated, the prosecution case is that the deceased Pushpa was the third daughter of PW-10 Dilbag Singh. She was married to appellant Surender in village Aasan in the year 1994 according to Hindu rites and ceremonies. At that time, Dilbag Singh had given sufficient dowry but the appellants were not satisfied with the dowry given. They started harassing her. In order to make them happy, PW-10 Dilbagh Singh used to give some money to his daughter Pushpa whenever she visited him but the demand of the appellants remained always on the increasing side. They used to beat her. Smt. Pushpa used to tell to her father about the atrocities committed upon her, whenever she visited him. After about two and half years of the marriage, Pushpa had given birth to a daughter, namely, Garima and at that time also, PW-10 Dilbag Singh had given sufficient gifts but the appellants were not satisfied.

4. About three months back, the appellant Surender went to PW-4 Sombir, maternal uncle of Pushpa, with a demand of Rs. 80,000/- for purchase of a tractor, but PW-4 Sombir refused to oblige him and informed about it to Dilbag Singh, who also told him not to oblige Surender as he and his father would spend the amount on liquor.

5. It was further averred that after their demand was not fulfilled, the appellant and his relatives became more harsh towards Pushpa and started beating her. Pushpa then came to village Khudan and apprised about the cruelty of her in-laws towards her to her father PW-10 Dilbag Singh. She remained in her parental house for about three months and was then taken back by Surender, appellant, only ten days prior to the occurrence, after giving assurance that she would be treated nicely in the matrimonial home.

6. On 23.4.2002, PW-2 Prem wife of Dilbag Singh received a telephonic message at about 6/7 P.M. through PW-3 Krishan that Pushpa had ended her life by committing suicide by hanging.

7. Upon receipt of this information, PW-10 Dilbag Singh along with his wife, PW-2 Prem, brother-in-law Sombir PW-4 and others reached village Aasan and found the dead body of Pushpa lying in the room of first floor of their house. Broken pieces of her bangles and her chappals were also lying there.

8. An FIR, Ex. PH, was registered upon the statement, Ex. PG of PW-10 Dilbagh Singh. PW-12 Ram Kishan, ASI, investigated the case. He got the dead body of Pushpa photographed by PW-7 Raj Pal, photographer. He also prepared inquest report, Ex.PC. He took into possession the broken bangles in a box, Ex. P7 and chappals Exs. P-5 and P-6 by making separate sealed parcels vide recovery memo Ex. PD. He also prepared a rough site plan, Ex. PK of the place of occurrence and sent the dead body for post mortem examination with police application, Ex.PA.

9. PW-1 Dr. Mahesh Parkash, Medical Officer, conducted autopsy on the dead body of Smt. Pushpa and gave his report, Ex. PB. He stated that the cause of death of Smt. Pushpa was due to asphyxia and congestion as a result of hanging, which was ante-mortem in nature and the time between injury and death was within few minutes and between death and post mortem examination was within 12 to 48 hours. He further stated that Smt. Pushpa was carrying pregnancy of 28 weeks and on cutting, a male foetus had come out.

10. PW-5 Constable Samit Kumar prepared scaled site plan, Ex. PF. The appellants were arrested. After completion of the investigation, the challan was put up by PW-6 ASI Vijay Singh. Challan was initially put up in the Court of Judicial Magistrate 1st Class, Rohtak, who vide her order dated 2.8.2002, committed the case to the Court of Sessions.

11. Having made out a prima facie case, the appellants were charged under Sections 498A and 306/34 IPC vide order dated

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2006 Supreme(SC) 1153

IMPORTANT POINTWhere deceased was harassed and tortured on account of inadequate dowry and was being beaten by accused husband, if she committed suicide by hanging in matrimonial house, conduct of appellant would constitute abetment.

IMPORTANT POINT
Where deceased was harassed and tortured on account of inadequate dowry and was being beaten by accused husband, if she committed suicide by hanging in matrimonial house, conduct of appellant would constitute abetment.