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2016 Supreme(Kar) 52
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
A.N.VENUGOPALA GOWDA, J.
Doddathayamma and Ors. – Appellant
Versus
State of Karnataka – Respondents
CRIMINAL APPEAL NO.276/2010
Decided On : 22-02-2016
For the Appellant : Sri P. Nataraju for M/s. P. Nataraju Associates, Advs.
For the Respondents: Sri B. Visweswaraiah, HCGP
Headnote:CODE OF CRIMINAL PROCEDURE, 1973 - Section 374(2): [A.N. Venugopala Gowda, J] Appeal against conviction - Allegation of abetment to commit suicide - Absence of evidence regarding infliction of any injury or intentional insult of the deceased by the appellants - There is no credible evidence on the basis of which the accused Nos.6 and 13 to prove guilt - no positive action on the part of the appellants, instigating or aiding the committing of suicide by ’X’, - the finding of guilt against the accused Nos.6 and 13 was perverse.
Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. More active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 IPC. Before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable.
The case having not been proved beyond all reasonable doubts by the prosecution, the accused Nos.6 and 13 are entitled to the benefit of doubt.
The appellants have challenged the legality of the Judgment of conviction and Order of sentence dated 01.03.2010 passed in S.C.No.316/2007 by the IV Addl. District and Sessions Judge at Mysore. By the said Judgment, the appellants were convicted for the offence punishable under S.306 read with S.114 of IPC and sentenced to undergo simple imprisonment for 4 years and pay fine of Rs.2,000/each and in default of payment of fine to undergo simple imprisonment for a further period of one month each.
2. Facts necessary for consideration and disposal of this appeal and as presented by the prosecution can be stated as follows:
Smt.Padmamma, wife of Sri C. Ramachandra (PW1), was a Secretary of Haropura Milk Producers Women Cooperative Society (‘the Society’ for short). She was suspended from duty on 14.02.2004 by the Management Committee of the Society. The order of suspension was challenged before the Assistant Registrar of Cooperative Societies at Hunsur and an order of stay was passed. Thereafter, Padmamma had gone to the Society to join duty and the accused being the Directors and the employees of the Society, did not allow her to join duty. That on 01.04.2007, all the accused, abused Padmamma, and Shamshad Begum, accused No.13, instigated Doddathayamma, accused No.6, to assault Padmamma and accordingly, Doddathayamma (A6), spit on the face of Padmamma and assaulted her with a milk can and insulted her. That on 02.04.2007, in the morning and also in the evening, Smt.Nagamma (A1), the President of the Society, did not give the concerned register, in order to take the milk from the producers and all the accused abused Padmamma in filthy and indecent language. Because of the insult by the accused, Padmamma committed suicide in front of the Society by hanging herself at about 5.30 a.m., on 03.04.2007. Some children of the village having observed the same and intimated the fact to her husband (PW1), a complaint vide Ex.P2, was lodged and the FIR / Ex.P9 was registered in Crime No.66/2007 for the offences under Ss.143, 302, 114 and 149 of IPC. After conducting investigation, chargesheet was submitted to the JMFC at H.D. Kote, against 14 accused, for the offences punishable under Ss.143, 306, 114 read with S.149 of IPC. The case was committed to the Court of Sessions. The accused having appeared, the accusation was read over and they pleaded not guilty and claimed trial.
3. During the trial 16 witnesses were examined. On the side of defence 3 witnesses were examined. After the evidence was closed, accused were questioned under S.313 of Cr.P.C. The accused denied the incriminating statements made by the prosecution witnesses against them. On conclusion of trial, by the aforesaid Judgment, the Trial Court acquitted accused Nos.1 to 5, 7 to 12 and 14 i.e., all the Office bearers and Directors of the Society, of the offences punishable under Ss.143, 306 read with S.149 of IPC. However, accused Nos.6 and 13 i.e., the Milk Tester and the Secretary respectively of the Society were convicted for the offence punishable under S.306 read with S.114 of IPC and sentenced, as aforesaid. This appeal is directed against the said Judgment of conviction and Order of sentence.
4. Sri P.Nataraju, learned advocate, took this Court elaborately through the oral and documentary evidence and submitted that the Judgment of the Trial Court holding the appellants guilty of the offence punishable under S.306 read with S.114 of IPC, is based on the conjectures, full of contradictions and surmises. He submitted that there is no evidence to substantiate the charge leveled against the appellants. Learned counsel contended that there is complete misreading of oral and documentary evidence and the Trial Judge by strange reasoning has found the appellants guilty, despite there being no sufficient evidence to conclude that the appellants have committed the alleged offence. He submitted that in the absence of cogent and reliable evidence to establish the abetment to
