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VIKRAM NATH, PRASANNA B. VARALE
Jayedeepsinh Pravinsinh Chavda – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present criminal appeal arises from an order of the Gujarat High Court, dated 09.05.2024, whereby the Court rejected the Criminal Revision Application No. 536 of 2024 filed by the appellants herein and refused to discharge the appellants – accused from offences punishable under sections 306, 498A and 114 of the Indian Penal Code, 18601[IPC].
3. FIR No. 11206038210259 of 2021 dated 18.04.2021 was registered at the instance of the deceased’s father against the appellants herein for offences under sections 306, 498A, 114 of the IPC. It was alleged that the appellant no.1 was married to the deceased – wife in the year 2009. The deceased – wife was residing in the matrimonial house with her in-laws, that is, appellant nos. 2 and 3. For the first five years of the marriage, no child was born to the couple. The deceased – wife was subjected to physical and mental harassment owing to this and thus returned to her parental home. When she returned to her matrimonial home on being convinced by her parents, a son was born to the deceased in the next few years. Around twelve months before the alleged incident, the deceased had informed her father
(1) Abetment of suicide – Mere harassment, by itself, is not sufficient to find accused guilty of abetting suicide – Element of mens rea cannot simply be presumed or inferred; it must be evident and ....
The main legal point established in this judgment is that the appellant's actions constituted cruelty under Section 498A IPC, but there was no evidence to prove abetment under Section 306 IPC.
Section 306 in Indian Penal Code reads as abetment of suicide.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
Abetment of suicide – There has to be clear mens rea to commit offence – Merely on allegation of harassment without their being any positive action proximate to time of occurrence on part of accused ....
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
The need for evidence of instigation or abetment to establish the offence under Section 306 IPC and the distinction between Section 498-A and Section 306 IPC as different offences.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
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