To sustain a conviction under Section 306 IPC for abetment of suicide, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.

JUDGMENT :

G. BASAVARAJA, J.

1. This appeal is preferred by the State aggrieved by the judgment and order of acquittal dated 15.04.2019 passed in S.C.No.84/2018 by the Court of Principal Sessions Judge, Vijayapura, whereby the accused/respondent has been acquitted of the offence punishable under Section306 of IPC.

2. For the sake of convenience, parties herein are referred to as per their ranking before the trial Court.

3. Brief facts of the case are :

The PSI of Golgumbaz PS submitted a charge sheet against the accused for the offence punishable U/s.306 of IPC before the Principal Senior Civil Judge and CJM, Vijayapura, who committed the case for disposal in accordance with law.

It is stated by the prosecution that the complainant is the resident of Rani Bagicha CMC Colony, Vijayapura and he is the father of the deceased Sneha. The deceased Sneha and the accused who was residing in the said lane were in love with each other and after coming to know the said fact, the family members of the complainant and the elders of their lane advised both of them. Two years back the accused married another lady and in spite of his marriage, the accused was forcing the deceased-Sneha to marry him and if she does not marry him, he will disgrace her by disclosing his affair with her in the lane and despite the advise of elders, the accused continued to annoy the deceased. On 21.3.2017 the accused forcibly called her to the Room No.106 of Royal Hotel by stating her that she has to come wherever he calls her, otherwise, he would disgrace her in the lane by making bogus allegations and being unable to bear the ill-treatment of the accused, the deceased-Sneha committed suicide in the bathroom of Room No.106 of the said hotel by hanging herself to the shower with the help of her veil and accordingly, on the complaint of the complainant, the Golgumbaz Police have registered a case against the accused and after investigation, the Investigating Officer has submitted report for the commission of offence punishable under Section 306 of IPC.

4. The learned Sessions Judge framed charges against the accused for the offence punishable under Sections 306 of IPC and same was read over and explained to the accused in the language known to him wherein he pleaded not guilty and claimed to be tried.

5. To prove the case, the prosecution has examined twelve witnesses as PWs-1 to PW12 and got marked Ex.P1 to P16 and Material objects as MOs-1 to 5 and closed its side. Thereupon, the accused has been examined U/s.313 of Cr.P.C by stating the incriminating evidence appearing against him, wherein, he has denied the same. However, he did not choose to lead any evidence on his behalf.

6. Learned Sessions Judge, after appreciating the oral and documentary evidence on record held, that the prosecution has miserably failed to prove the guilt of the accused beyond reasonable doubt and extending benefit of doubt, acquitted the accused of the charges leveled against him.

7. Being aggrieved by the said judgment of acquittal, the State has preferred this appeal.

8. I have heard the learned Addl. SPP appearing for the State and learned counsel Sri R.S. Lagali, appearing for respondent/accused.

9. Learned Addl. SPP would submit that the impugned judgment passed by the trial Court is contrary to the facts, law and material on record and as such, the same is liable to set aside. He further submits that the reasons assigned by the trial Court while passing the impugned judgment and order of acquittal are erroneous. The Trial Court has not properly appreciated the evidence in its proper perspective. The trial Court has committed a serious error in not considering the case of the prosecution properly and not considering the defence taken by the accused, on the contrary, has given the accused the benefit of doubt.

10. Further, it is submitted that the trial Court has failed to appreciate the evidence of PW.7-Manager of the Hotel, (where the deceased committed suicide) wherein he has clearly sta