2008 Supreme(SC) 1120

2008(5) Supreme 666
Supreme Court of india
R.V. Raveendran and Dr. Mukundakam Sharma,JJ.
Rajbabu & Anr. — Appellants
versus
State of M.P. — Respondent
Criminal Appeal No. 895 of 2003
Decided on : 24-07-08

Important Point
Mere fact that a woman committed suicide within seven years of her marriage and that she had been subjected to cruelty by her husband or any relative of her husband, does not automatically give rise to the presumption that the suicide had been abetted by her husband or any relative of her husband. One of the circumstances which has to be considered by the court is whether the alleged cruelty was of such nature as was likely to drive the woman to commit suicide.

Headnote:Indian Penal Code, 1860 – Sections 306 and 498A – Death of deceased in matrimonial home by burn injuries – Prosecution of husband and inlaws of deceased under Sections 306 and 498A for treating deceased with cruelty and abetting her to commit suicide as a result of which allegedly she committed suicide – Trial court on appreciation of evidence on record while acquitting accused.3, father in law of deceased convicted appellant.1 husband and appellant.2 mother in law of deceased – Appeal – Dismissed by High Court – Appeal – No eye witness to occurrence of the act of suicide committed by deceased – Deceased had died of burn injuries received by her while she was cooking food in the kitchen in her matrimonial home – All other members of family, at time of occurrence were not present – Perusal of dying declaration proved and established that there was nothing incriminating in said statement against appellant.2 – Evidence on record disclosed that deceased was not happy with fact that her husband was illiterate and also with status and condition of family of her husband – Letter written by deceased reflected attitude of in-laws of deceased towards deceased – In the said letter there was no reference of any act or incident whereby appellants were alleged to have committed any willful act or omission or intentionally aided or instigated deceased to commit suicide – On such slender evidence, presumption under Section 113-A of the Evidence Act could not be invoked to find appellant guilty of offence under Section 306 IPC – Again there was no mention about any incident of cruelty in letter allegedly written by deceased – PW1 and PW3 in their statements emphasized that mother-in-law of the deceased used to ask deceased to run hand driven flourmill to which she was not habitual – Held asking one to run the same could not amount to an act of cruelty – Appellant 2 held entitled to benefit of doubt on analysis of evidence on record – Appeal allowed in so far as appellant 2 was concerned – Appeal abated in so far as appellant 1 was concerned due to his demise during pendency of appeal. (Paras 8, 15 to 20)

       Facts of the Case :

       1.Appellants accused persons husband and inlaws of deceased were prosecuted herein in the instant case under Sections 306 and 498A for treating deceased with cruelty and abetting her to commit suicide as a result of which allegedly she committed suicide. Trial court on appreciation of evidence on record while acquitting accused.3, father in law of deceased convicted appellant.1 husband and appellant.2 mother in law of deceased. Appeal thereagainst was dismissed by High Court.

       2.Present appeal has been filed against said order of High Court.

       Findings of the Court :

       There was no eye witness to occurrence of the act of suicide committed by deceased. Deceased had died of burn injuries received by her while she was cooking food in the kitchen in her matrimonial home. All other members of family, at time of occurrence were not present. Perusal of dying declaration proved and established that there was nothing incriminating in said statement against appellant.2. Evidence on record disclosed that deceased wanted to be married in a literate family. Deceased was not happy with fact that her husband was illiterate and also with status and condition of family of her husband- Deceased was also required to do some domestic work as family was poor, for which she was not happy. Letter written by deceased reflected attitude of in-laws of deceased towards deceased. In the said letter there was no reference of any act or incident whereby appellants were alleged to have committed any willful act or omission or intentionally aided or instigated deceased to commit suicide-On such slender evidence, presumption under Section 113-A of the Evidence Act could not be invoked to find appellant guilty of offence under Section 306 IPC-Again even though letter allegedly written by deceased mentioned fact that attitude of family was not good towards deceased and she was not treated well but there was no mention about any incident of cruelty- Appellant 2 held entitled to benefit of doubt on analysis of evidence on record. Appeal was allowed in so far as appellant 2 was concerned. Appeal was abated in so far as appellant 1 was concerned due to his demise during pendency of appeal.

       Result : Appeal allowed.