The central legal point established in the judgment is the requirement to prove the accused's intention to abet suicide under Section 306 of the IPC, emphasizing the need for evidence to establish such intent.

JUDGMENT

K R Shriram, J. - This is an appeal under Section 378(1) of the Criminal Procedure Code 1973, impugning an order and judgment dated 29-11-2002 passed by the Ad-hoc Additional District and Sessions Judge, Thane, acquitting the accused of charges under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) read with Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code.

2. At the outset itself, I need to state, having perused the records and proceedings, evidence and the impugned judgment with the assistance of the Learned APP Ms Malhotra and Mr. Ingawale for Respondents, I am in concurrence with the conclusion arrived at in the impugned judgment.

3. Accused stood charged for having committed cruelty against Dipal Dilip Bandodkar (deceased), who was their brother''s wife, leading her to commit suicide and also for the offence of having abetted the commission of suicide. The deceased committed suicide on 6-12-1999 leaving behind a suicide note dated 6-11-1999 (Exhibit 10), in which she has accused the accused of harassing her, that she was tired of the harassment, that she was unable to bear the harassment anymore and therefore, she was going to commit suicide. In the said note, deceased has given a clean chit to her husband and infact certified her husband as a good man, who should not be harassed at all. The existence of this document and the fact that it was in the hand writing of deceased, has been proved and is not disputed by the accused. The effect of the document is of course what we are going to consider.

4. The deceased was found dead in the matrimonial home at Thane. It is the case of prosecution that the father of deceased-complainant (P.W.-1), when he tried to contact deceased over telephone on 8-12-1999, there was no response. P.W.-1, along with his son Ramesh Punjaji Darde (P.W.-3) went to the matrimonial house of deceased, knocked at the door and found no response. They are supposed to have inquired with the neighbours about the whereabouts of the deceased and as they did not get any news, they went back home at Colaba. P.W.-1 and P.W.-3 thereafter, went to Colaba Police Station and then went to Naupada Police Station at Thane. P.W.-1 and P.W-3 accompanied by Naupada Police went to the matrimonial home of deceased and the police broke open the lock and found deceased hanging from a ceiling fan. The body was later sent for postmortem and subsequently cremated. Postmortem report also says the cause of death is by hanging. The viscera was preserved but the chemical analysis report has not come on record.

5. Based on what was stated in the suicide note (Exhibit 10), prosecution has charged the accused under Sections 498A and 306 read with Section 34 of IPC.

6. At the outset itself, the Learned APP true to her role as an officer of the court stated that there is no case under Section 498A at all made out. Learned APP restricted her submissions on Section 306,i.e., abetment of suicide by the accused. Learned APP submitted that from Exhibit 10, it is quite clear that the accused harassed deceased, tired with the harassment deceased decided to end her life and ended her life by committing suicide. Learned APP also submitted that there were many people in the world who could have been accused, but the fact that deceased specifically mentioned her sisters in law by name (the two accused), the court has to hold that the accused were responsible for deceased committing suicide. The Learned APP also submitted that even though Exhibit 10 mentions that her husband is also not supporting her but listening to the accused, also shows that the accused are solely responsible for the suicide of deceased. Is that sufficient to hold the accused guilty of offence under Section 306 ? Let us now examine.

7. Section 306 reads as under :

"306. Abetment of suicide.-If any person commits suicide, whoever abets the commission of such su