IMPORTANT POINT
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable.

JUDGMENT

The present appeal is filed by the appellant – State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 05/11/2009 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod (hereinafter referred to as “the trial court”) in Sessions Case No.42 of 2009, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 498(A) and306 of the Indian Penal Code (for short “the IPC”).

2. The brief facts giving rise to the present appeal are as under:

2.1 On 21/12/2008, the complainant namely, Shakarabhai Madubhai Sangod, resident of Amlimenpur, Ta.Dhanpur had dictated the facts of the complaint before PSI, Garbada that he has four daughters and one son. Out of them, marriage of his daughter namely, Champaben was done before around four years with Pavansinh Navalsinh Rathod of village Dadur. On 01/12/2008, younger brother of husband of his daughter namely, Kanubhai Navalsinh and Mandor Rameshbhai Badubhai from village Dadur came to his house at around 4.00 p.m. in the evening and inquired as to whether Champa visited his place or not. He replied that she had not visited his place. On being asked as to from when the said Champa is not present at his place, he replied that since she left from yesterday morning without informing anyone. Thereafter, on 04/12/2008, two persons came from village Dadur at around 10.00 a.m. in the morning and informed to him that his daughter namely, Champaben is found dead in Panchayat well of village Dadur. Therefore, persons from his village namely, Makansing Mansukhbhai and Narvatbhai Kalubhai and Fatesing Manabhai, etc. and the ladies reached at village Dadur and saw that dead body of his daughter namely, Champaben was lying in the well adjacent to the road. On removing her dead body, it appeared her skin was corrugated and no injury marks appeared on it. Thereafter, the said dead body was sent to the hospital for post-mortem. It is the case of the informant that the daughter of the informant namely, Champaben and son-in- law namely, Parvatsinh and his mother namely, Babaliben and younger brother of her husband namely, Kanubhai were residing jointly in same residence. As Champaben did not have any child, on being displeased, she had returned to her maternal place for around thrice. As son-in-law came to pick her up, they gathered people as Panchas, persuaded her and sent her to her in laws’ place. Once his daughter came to his house on being displeased and she stayed there for around two months, Sarpanch of village Dadur and son in law namely, Parvatsinh and other persons visited there. At that time, upon gathering the people of the village, on reprimanding son-in-law, his daughter was persuaded and sent to her in laws’ place. On last Diwali, when brother of the complainant namely, Kalubhai had gone and brought his daughter, she informed that her husband was taunting her as she was unable to conceive a child. He demands to solemnize second marriage with another lady and thereby quarrels with her. Thereafter, as his son-in-law namely, Parvatsinh came to pick her up, he was reprimanded and told not to quarrel with his daughter. Thereafter, before around ten days of the said incident, his son-in-law namely, Parvatsinh came alone to his place and told him that now onwards neither himself nor his daughter shall visit his place and he left from there. Thereafter, dead body of his said daughter was found from panchayat well of village Dadur. Therefore, as son-in-law namely, Parvatsinh was causing mental harassment to his daughter for the reason of not able to conceive a child, demanded that he would solemnize second marriage and quarreling, the daughter of the complainant namely, Champaben on being fed up of such harassment, jumped in the well and died. As the said complaint came to be lodged by