The conviction under Section 306 IPC requires clear evidence of instigation or active involvement leading to suicide, not mere demands for money.

ORDER :

1. This appeal is at the instance of a convict accused and is directed against the judgment and order dated 03.09.2008 passed by the High Court of Punjab and Haryana at Chandigarh, in Criminal Appeal No. 762-SB of 1998, by which the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the judgment and order of conviction passed by the Additional Sessions Judge, Karnal dated 08.09.1998/10.09.1998 in Sessions Trial No. 06 of 1996 holding the appellant guilty of the offence punishable under Section 306 of the Indian Penal Code (for short ‘IPC’).

2. The short facts necessary to be narrated for disposal of this appeal, are as under:

The deceased, Rani, was married to the appellant herein. The marriage was solemnized on 10.05.1992. The marriage of Rani with the convict was her second marriage. In the wedlock with the convict, Rani gave birth to a girl child.

The case of the prosecution is that soon after marriage, the appellant-convict and her parents started demanding money as the appellant convict wanted to start a ration shop. It may not be out of place to state at this stage that the parents of the appellant-convict herein were also put to trial for the alleged offence. However, they came to be acquitted by the Trial Court.

The record reveals that on 19th November, 1993, Rani committed suicide by consuming poison. According to the case of the prosecution, Rani committed suicide on account of incessant harassment at the end of her husband i.e. the appellant herein and in such circumstances, the appellant-convict was charged with the offence of abetting the commission of suicide by his wife punishable under Section 306 of the IPC.

In the course of the trial many witnesses were examined, however, we have looked into the oral evidence of PW-4, namely, Madan Lal, who happens to be the brother of the deceased and PW-5, Narata Ram, who happens to be the father of the deceased.

ORAL EVIDENCE ON RECORD:

3. PW-4 Madan Lal (brother of the deceased) son of Narata Ram in his examination in chief has deposed as under:

“We are four brothers and 9 sisters. My younger sister Rani was married to Naresh accused on 10.05.1992 at Kurukshetra as per Hindu rites and custom. At the time of her marriage she was aged about 18/19 years. A female child was born to my sister Rani after marriage. The daughter of Rani at the time of death of Rani was aged about 4 or 5 months. After about 2-2½ months of marriage, Fakir Chand, Anguri and Naresh demanded a sum of Rs. 50,000/- for starting business of Kiryana shop for accused Naresh. We being poor person could not arrange for the said money. We had performed the marriage of our sister by selling family property (later portion is volunteered). About one or quarter before death of Rani we got opened a shop at our village Raison for accused Naresh Kumar which he had run for about 8 or 9 months. Accused Naresh had run the shop for about 11 months. Since accused Naresh suffered loss, he wound up the shop and left for Delhi. About 1½ month before death of Rani, accused Naresh had taken her to Delhi. On 17.11.1993 my sister Rani along with accused Naresh came to our house. My sister Rani stated that accused Naresh, Fakir Chand and Anguri Devi are raising demand of Rs. 20,000/- for opening a shop for Naresh. I, my father and my mother told accused Naresh that we would arrange the amount and pay the same after about 8 or 10 days. On 19.11.1993 accused Naresh and my sister left for Delhi at about 7 A.M. saying that they are going and amount be sent later. My sister Rani used to remain tense because of repeated demands by the accused. Getting fed up my sister consumed some poisonous thing on 19.11.1993. On learning that my sister had consumed some poisonous thing, we came to Karnal. Police met me at G.H. Karnal where my statement Ex.PJ was recorded by the police which was read over to me and after admitting the contents, I signed the same. After post mortem, the dead body of my sister was handed