IN THE HIGH COURT OF KARNATAKA
K. Somashekar, J.
Prakash – Appellant
Versus
State Of Karnataka – Respondent
Criminal Appeal No. 437 of 2011
Decided On : 16-09-2021
Conviction - Suicide - IPC 323 - The court held conviction against accused Nos. 1 to 3 for the offences punishable under Sec. 323 read with Sec. 34 of IPC, 1860. The appeal sought to set aside the judgment of conviction and order of sentence rendered by the Trial Court.
Fact of the Case:
The case involved the suicide of Shiva Kumar, who was alleged to have been harassed by his wife and in-laws, leading to his death. The prosecution alleged that the accused caused mental harassment to the deceased, ultimately leading him to commit suicide by hanging himself to a mango tree.
Finding of the Court:
The trial court found the accused guilty of the offence under Sec. 323 read with Sec. 34 of IPC, but acquitted them for the offence under Sec. 306 of IPC. The court relied on evidence from witnesses, including relatives of the deceased, and documents such as a suicide note and a currency note with writing indicating the accused as the cause of death.
Issues: The main issues revolved around the prosecution's ability to prove the guilt of the accused beyond reasonable doubt for the offences under Sec. 323 and Sec. 306 of IPC. The court also considered the credibility of the evidence presented, including witness testimony and documentary evidence.
Ratio Decidendi: The court emphasized the need for the prosecution to provide credible and consistent evidence to establish the guilt of the accused. It also highlighted the importance of proving the specific intent and actions of the accused in cases of abetment of suicide. The court found that the evidence presented did not conclusively prove the guilt of the accused for the offence under Sec. 306 of IPC.
Final Decision: The appeal was allowed, and the judgment of conviction and order of sentence rendered by the trial Court was set aside. The accused were acquitted for the offence punishable under Sec. 323 read with 34 of IPC, 1860.
JUDGMENT :
1. This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of Principle District and Sessions Judge, Chitradurga, dtd. 31/3/2011, whereby held conviction against accused Nos. 1 to 3 for the offences punishable under Sec. 323 read with Sec. 34 of IPC, 1860. Accused Nos.1 and 2 shall undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000.00 each with default clause. Accused No.3 was sentenced to pay a fine of Rs.1000.00 in respect of offences punishable under Sec. 323 read with 34 of IPC. The same has been narrated in the operative portion of the order passed by the trial Court. Whereas under this appeal seeking to allow the appeal by setting aside the judgment of conviction and order of sentence rendered by the Trial Court.
2. The factual matrix of the case of the prosecution is as under: It is transpired in the case of the prosecution that on 9/7/2007 at around 11.00 a.m., Saraswathamma, resident of N.G.Halli Village reported first information to Holalkere Police Station alleging that 3rd accusedSunita, who is daughter of accused Nos.1 and 2, was given in marriage to one Shiva Kumar who is son of complainant, about 5 years ago. Out of their wedlock she has given birth to a male child, aged about three years. In the meanwhile in the family affairs there was some differences arose in between Shiva Kumar and his wife Ashwini who is arraigned as accused No.3 in the aforesaid case and the said accused - Ashwini @ Sunitha, hereinafter be called as 'Ashwini' for the purpose of better appreciation of the evidence which is facilitated by prosecution against the accused. That accused No.3 has reported complaint to the police and remained in her matrimonial home. But villagers advised them to hold a panchayath and resolve differences between accused No.3 - Ashwini and her husband deceased Shivakumar. But no such panchayath could be convened since accused No.1 - Prakash quarreled with the panchayathdars. Therefore, no persons came forward to hold panchayath to settle the family dispute emerged between deceased - Shiva Kumar and his wife accused No.3 - Ashwini.
3. There is allegations made against the accused inclusive of accused No.1 and 2 that there shall be some differences in the family affairs emerged in between the spouses Shivakumar and his wife Ashwini. But for the difference in nature between the spouses that complainant - Saraswatamma and her son namely Shiva Kumar who were very much upset and also worried about the family dispute emerged in between them and he suffered very much just to see his child. But on 8/7/2009 at around 9.00 p.m. without even taking lunch he left his house. But on the next day wherein the complainant made search about Shiva Kumar, she was found the body of her son hanging to mango tree. The complainant who made allegation against the accused persons that deceased - Shiva Kumar was very much upset due to the family differences between Ashwini and him. Due to kind of harassment in their family affairs, it lead him to hang himself to a mango tree at the scene of crime. In pursuance of the death of the deceased - Shiva Kumar hanging to mango tree, that complainant Saraswathamma who suspected about the accused persons that they were the cause for death of her son approached Holalkere Police Station to register the crime against the accused persons for causing death of her son - Shiva Kumar. Based upon the complaint report given by the informant initially the case was registered in UDR No.30/2009 and the proceedings has been taken as under the relevant provisions under Sec. 174(c) of the Code of Criminal Procedure.
4. It is further transpired in the theory of the prosecution that on 11/7/2009 at around 9.30 p.m, one K.G. Jayaprakash who is none other that brother-inlaw of deceased Shiva Kumar reported another complaint to Holalkere Police Station alleging that on 8/7/2009 deceased Shiva Kumar who left house and found committed s
AI
Section 107 of IPC, which reads as Abetment of a thing—A person abets doing of a thing, who— Firstly — Instigates any person to do that thing.
Section 306 in Indian Penal Code reads as abetment of suicide.
To establish abetment of suicide under IPC Section 306, clear evidence of instigation or incitement is required, which was not proven in this case.
To convict under Section 306 IPC, clear proof of active instigation and direct acts leading to suicide is necessary; mere allegations of harassment are insufficient.
The judgment establishes that to prove abetment of suicide under Sec. 306 I.P.C., there must be evidence of instigation or aiding in suicide, and mere quarrels or demands without direct or indirect a....
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....
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
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