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A.M.SAPRE, DINESH MAHESHWARI
Ude Singh – Appellant
Versus
State of Haryana – Respondent
Key Holdings: - For conviction under Section 306 IPC (abetment of suicide), there must be proof of direct or indirect acts of incitement to suicide. (!) [1000637280015] - Accused can claim juvenility even at the appeal stage under the Juvenile Justice (Care and Protection of Children) Act, 2000 (Sections 2(k), 2(l), 7A r/w 20). (!) [1000637280009] (!) (!)
Facts: - Appellants (Ude Singh, Manoj Kumar, Daulat Ram; accused No.1 Hem Karan deceased) were related to complainant Pohap Singh (PW-1, father of deceased girl, aged ~18) but had strained relations due to ongoing litigations, including a hurt case by deceased's mother (PW-11 Krishna) against accused. [1000637280001][1000637280026] (!) (!) - Accused repeatedly taunted deceased girl with humiliating terms like "wife" (by Hem Karan), "Bohoria" (younger brother's wife, by Ude Singh), and "Chachi" (aunt, by Manoj/Daulat), referencing her broken engagement; this was ongoing, not isolated. (!) (!) (!) (!) (!) (!) - On 15.04.1996, Hem Karan dragged and abused her post-court evidence in hurt case. (!) (!) - On 05.05.1996 (~5:30 pm), while returning from throwing garbage, accused taunted her again (witnessed by PW-2 Jai Narain); she cried, expressed intent to die, wept all night. (!) (!) (!) (!) - Deceased hanged herself next morning (06.05.1996, ~9 am); PW-11 found her. FIR registered u/s 306/34 IPC. (!) (!) (!) (!)
Trial & High Court: - Trial Court (Sessions Case No. 23/1997): Convicted all u/s 306/34 IPC, sentenced to 4 years RI + Rs.300 fine. [1000637280001][1000637280004] - High Court (05.05.2008): Upheld conviction, reduced sentence to 2.5 years RI, noting continuous eve-teasing/humiliation post-15.04.1996 incident maligned the girl in village society. [1000637280001][1000637280005] (!) (!)
Supreme Court Analysis & Decision: - Juvenility (Appellant No.2 Manoj Kumar, b.20.04.1980): ~16 years old at offence (05-06.05.1996); entitled to JJ Act benefits despite late plea. Proceedings terminated; appeal allowed qua him. [1000637280009][1000637280010] (!) (!) - Abetment u/s 306/34 IPC (Others): Acts met abetment test u/s 107 IPC (instigation via continuous taunts/utterances creating intolerable humiliation, destroying self-esteem, leaving no option but suicide). Not mere eve-teasing/insult (cf. s.509 IPC) but proactive, proximate incitement; girl rebuked them on 05.05.1996, suicided hours later. Prosecution witnesses (PW-1, PW-2, PW-11) credible; defence (prior enmity, broken engagement, depression, alibi) rejected. [1000637280011][1000637280012] (!) [1000637280017][1000637280018][1000637280020][1000637280021] - Appeal partly allowed (only for juvenile); dismissed for others—upheld conviction/sentence. Accused to serve remaining term. [1000637280024]
Result: Appeal partly allowed. (!) [1000637280025]
JUDGMENT :
Dinesh Maheshwari, J.
1. This appeal by special leave is directed against the judgment and order dated 05.05.2008 in Criminal Appeal No. 964-SB of 1997 whereby, the High Court of Punjab and Haryana at Chandigarh, while upholding the conviction of accused-appellants for the offence under Section 306 read with Section 34 of the Indian Penal Code ('IPC'), has modified the sentence of four years’ rigorous imprisonment and fine of Rs. 300/-with default stipulation, as awarded by the Additional Sessions Judge, Rewari in Sessions Case No. 23 of 1997, to that of rigorous imprisonment for two and half years.
2. The relevant background aspects of the matter could be noticed, in brief, as follows:
2.1 The appellants Ude Singh, Manoj Kumar and Daulat Ram (accused Nos. 2 to 4) and one Hem Karan alias Hemla (accused No. 1-since deceased) were tried for the offence under Section 306/34 IPC on the allegations that they had abetted commission of suicide by the daughter of the complainant Pohap Singh (PW-1). The parties involved in this matter are closely related to each other. The accused Nos. 1 and 2 had been brothers and the complainant is their cousin. The accused Nos. 3 and 4 Manoj and D
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