2016 Supreme(Bom) 974
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
A.I.S. CHEEMA, J.
Vikrant @ Vikki & Ors. – Appellants
Vs.
State of Maharashtra – Respondent
Criminal Appeal No.836 of 2015
Decided on : 10-08-2016
Advocate Appeared:
For the Appellants : Shri S.K. Chavan, Shri S.S. Pawar,
For the Respondent: Shri R.V. Dasalkar
The main legal point established in the judgment is the evaluation of evidence for assault, house-trespass, outrage of modesty, and abetment to suicide, leading to the conversion of the conviction under Section 452 to Section 451 and setting aside the conviction under Section 306.
Headnote:
Indian Penal Code - Assault and Abetment to Suicide - Sections 452, 354, 294, 504, 506, 323, 306 and 143 - The court discussed the evidence of assault, house-trespass, and abetment to suicide by the accused persons. The judgment converted the conviction under Section 452 to Section 451 and set aside the conviction under Section 306. The court maintained the rest of the judgment of conviction and sentence as passed by the trial Court.
Fact of the Case:
The case involved a dispute between the victim and the accused, leading to assault, house-trespass, and the victim's subsequent suicide. The prosecution alleged that the accused persons had assaulted the victim, outraged her modesty, and abetted her suicide.
Finding of the Court:
The court found that the accused persons had committed house-trespass, assault, and outrage of modesty. However, the court held that the evidence did not establish abetment to commit suicide by the accused.
Issues: The issues involved assault, house-trespass, outrage of modesty, and abetment to suicide by the accused persons.
Ratio Decidendi: The court's decision was based on the evaluation of the evidence of assault, house-trespass, and abetment to suicide. The court converted the conviction under Section 452 to Section 451 and set aside the conviction under Section 306.
Final Decision: The appeal was partly allowed, converting the conviction under Section 452 to Section 451, setting aside the conviction under Section 306, and maintaining the rest of the judgment of conviction and sentence as passed by the trial Court.
1. The appellant Nos.1 to 6 (original accused Nos.1 to 6, hereinafter referred accordingly) have filed this appeal against their conviction and sentences passed by Additional Sessions Judge, Parbhani in Sessions Trial No.74/2012 on 27.10.2015. The appellants have been convicted under Sections 452, 354, 294, 504, 506, 323, 306 and 143, all read with Section 149 of the Indian Penal Code, 1860 (I.P.C. in brief). Different sentences of different terms of imprisonment have been awarded.
2. The case of prosecution in short may be stated to be as follows :
(a) On 18.4.2012, offence came to be registered at Police Station, Purna, District Parbhani vide Crime No.52/2012 on the complaint of Ahemadbee Syed Imam (P.W.1). She reported that, she along with her family was residing at Sidharth Nagar, Purna, District Parbhani. The F.I.R. gives details about family members who were residing with her including Rizwana, her married daughter, but who was staying with her since last 8 years, having three children. It was reported that, on 18.4.2012, there was a dispute between Rizwana (hereinafter referred as victim) with accused No.4 Ramabai, accused No.3 Latabai and Sangita @ Samina, the daughter of Latabai's aunt from Mumbai, at about 2.30 p.m. These people, it was reported, are always under intoxication of liquor and do business in liquor. Because of that, they had trouble. To complain regarding this, victim had gone to Nagarsevak Deorao Khandare. Victim returned at about 4.00 p.m. At that time, accused No.3 Latabai and Vikki (accused No.1), the son of Latabai, accused No.4 Ramabai Devre, accused No.6 Baby, elder sister-in-law of accused No.4 Ramabai, accused No.2 Mahendra, the son of Ramabai and accused No.5 Sangita @ Samina, the daughter of Latabai's aunt from Mumbai, came and told victim that by her going and telling Deorao Khandare nothing will happen to them. They asked as to why she had gone and told that person. So saying, these people entered into the house of complainant and they caught hold of her daughter victim Rizwana. Accused No.3 Latabai held victim by her hair and accused No.5 Sangita tore blouse of victim and all these accused brought out the victim from the house and beat her by kicks and blows. On the street, the sari of the victim was pushed up and her modesty was outraged. The victim was calling out to save her. The complainant, her daughter Shahanabi, and her husband P.W.2 Syed Imam went to intervene, but in front of them the accused beat the victim. The victim managed to get herself released from the grip of the accused persons and ran inside the house. She ran inside and closed the house from inside.
(b) The complainant claimed that, they called out to the victim, but she did not respond. The accused persons kept waiting outside the house and were giving filthy abuses and threatening to kill. As there was no response from victim from inside the house, Maqsood Khan, the nephew of complainant climbed up and pushed aside the tin sheet on the house and peeped inside when he saw that the victim had hanged herself from the wooden log of the house. He got afraid and thus, her nephew Hafizkhan (P.W.4) and one Syed Latif went there. They pushed the tin of roof aside and entered the room and opened the latch of the house, which had been closed from inside.
(c) The complaint claimed that, all of them then went inside and saw that the victim was hanging and she was dead. Thus, the F.I.R. was filed claiming that, because of the incident mentioned above, as the victim was beaten and her sari was pushed upwards and her modesty had been outraged, because of such trouble of the accused, the victim had gone inside the house and hanged herself and committed suicide. The F.I.R. blamed the accused persons for the incident and claimed that they had abetted the suicide.
(d) On registration of the crime, the same was investigated by P.W.5 Sk. Abdul Gaffar, who was P.S.I. at the Police Station. He went to the spot and did panchanama Exh.2