The Supreme Court held that a dying declaration must meet specific legal requirements to establish abetment of suicide, which was not satisfied in this case.

ORDER :

1. This appeal is directed against the judgment and order dated 30th August, 2012 of the High Court of Gujarat at Ahmedabad, reversing the judgment and order dated 30th September, 1995 of the Assistant Sessions Judge, Mehsana acquitting the appellants. They were convicted for the offences punishable under Sections 306, 506 and 114 of the Indian Penal Code, 1860¹[IPC] and sentenced to rigorous imprisonment for 5 years and fine of Rs. 1000/-.

2. The prosecution case rested on a dying declaration of the victim and a chit, purportedly recovered from the victim’s trouser and written by him, implicating the appellants as persons who had provoked him to put an end to his life while alleging that he was involved in an extra-marital affair with the wife of one of the appellants and that they had threatened to murder him if he were seen in the village. It is not in dispute that the victim went on wandering for eight days and thereafter consumed poison while being on a train. Days later, he passed away.

3. The trial court looked into the dying declaration of the victim as well as the chit. However, on due appreciation of the same together with the evidence on record, the trial court returned a finding that no case of abetment of suicide or criminal intimidation had been proved beyond reasonable doubt; hence, the appellants stood acquitted.

4. It is this judgment of the trial court that did not find favour with the High Court when the State of Gujarat went up in appeal and was ultimately reversed.

5. We have read the dying declaration, available at page 6 of the application for additional documents. Also, the contents of the chit (in Gujarati) have been read out and translated to us by Mr. Mody, learned senior counsel, who is present in Court, on our request. Even accepting that there is absolutely no doubt with regard to the authenticity of the dying declaration and the manner in which the same was recorded, as well as the chit, in our considered opinion, the contents of such dying declaration and chit fall short of satisfying the requirements of Section 107 of the IPC.

6. Having regard to the recent decision of this Court reported in Jayedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat, 2024 SCC Online SC 3679 as well as the multiple precedents of this Court referred to therein, we see good reason to quash the conviction recorded by the High Court and the sentence imposed on the appellants for offences punishable under Sections 306 and 506(2) of the IPC. Ordered accordingly.

7. Consequently, the impugned judgment and order of the High Court is set aside and the judgment and order of acquittal passed by the trial court is restored. The appellants are set free, if not wanted in any other case.

8. The appellants are discharged of their bail bonds.

9. The appeal is, accordingly, allowed.

10. Pending application(s), if any, shall stand disposed of.