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IN THE HIGH COURT AT CALCUTTA
Debangsu Basak, Md. Shabbar Rashidi, JJ.
Shibani Sarkar - Appellant
Versus
State Of West Bengal - Respondent
Criminal Appeal (SB) No. 75, 107 of 2022, CRAN 1 of 2022
Decided On : 06-01-2023
DOWRY DEATH - CONVICTION - [SECTION 498A/306 IPC] - SUFFICIENCY OF EVIDENCE - DYING DECLARATION - POSTMORTEM REPORT - MEDICAL EVIDENCE - WITNESSES - RELIABILITY - ABETMENT OF SUICIDE - INGREDIENTS - EVALUATION OF EVIDENCE
Fact of the Case:
The appellants, convicted under Sections 498A and 306 of the Indian Penal Code, 1860, for the dowry death of the victim, challenged the conviction and sentence.
Finding of the Court:
1. The victim died due to burn injuries, and the postmortem report indicated the smell of kerosene on her body. 2. The postmortem doctor ruled out homicide and opined that the death was due to shock in a case of burn, ante-mortem in nature. 3. The prosecution failed to produce any eyewitness claiming that the victim was set ablaze by the appellants or any other person. 4. The husband of the victim suffered burn injuries while trying to save her, as evidenced by medical documents. 5. The prosecution established that there were matrimonial disputes, dowry demands, and torture of the victim by the appellants. 6. The appellants were found guilty under Section 498A for the torture inflicted on the victim. 7. To establish a charge under Section 306 IPC, the prosecution must prove that the victim committed suicide due to abetment by the accused. 8. The evidence showed that the victim was subjected to severe torture, which was not ordinary petulance or differences in domestic life. 9. The appellants' actions amounted to abetment of suicide, and they were held guilty under Section 306 IPC.
Issues: 1. Whether the prosecution proved beyond a reasonable doubt that the victim died due to burn injuries caused by the appellants or any other person. 2. Whether the evidence established that the appellants subjected the victim to cruelty and torture, leading her to commit suicide. 3. Whether the ingredients of abetment of suicide under Section 306 IPC were satisfied in the present case.
Ratio Decidendi: 1. To establish a charge under Section 306 IPC, the prosecution must prove that the victim committed suicide and that such suicide was a consequence of the abetment meted out by the accused. 2. Abetment involves a mental process of instigating or intentionally aiding a person in doing something, including ending their life. 3. In evaluating evidence of abetment, courts must consider the quality and quantity of torture or cruelty inflicted on the victim and whether it was sufficient to induce the victim to commit suicide. 4. Ordinary petulance, discord, and differences in domestic life, which are common to the society to which the victim belonged, are unlikely to induce a similarly circumstanced individual to commit suicide and would not be sufficient to convict an accused of abetting suicide.
Final Decision: 1. The conviction of the appellants under Section 498A IPC for torture was upheld. 2. The conviction of the appellants under Section 306 IPC for abetment of suicide was upheld. 3. The appeals filed by the appellants were dismissed.
JUDGMENT
Debangsu Basak, J. - Two appeals were taken up for analogous hearing as they emanated out of the same judgement of conviction dated May 10, 2022 and the order of sentence dated May 11, 2022 passed by the learned Fast Track Court No.2, Barrackpore, North 24 Parganas in Sessions Trial No. 01 (04) 2013 arising out of Sessions Case No. 292 of 2012 convicting the appellants under Sections 498A/306 of the Indian Penal Code, 1860.
2. The appellant in CRA (DB) 107 of 2022 was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000, in default simple imprisonment for two months for the offence punishable under Section 498A of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000 and in default simple imprisonment for five months for the offence punishable under Section 306 of the Indian Penal Code, 1860.
3. The appellant in CRA (SB) 75 of 2022 was sentenced to suffer imprisonment for three years and to pay a fine of Rs. 5000, in default simple imprisonment for two months for the offence punishable under Section 498A of the Indian Penal Code, 1860 and to suffer simple imprisonment for seven years and to pay fine of Rs. 10,000, in default simple imprisonment for five months for the offence punishable under Section 306 of the Indian Penal Code, 1860.
4. Since the appellant in CRA (DB) 107 of 2022 preferred the appeal from the same impugned judgement of conviction and the order of sentence, the learned single judge released CRA (SB) 75 of 2022 and the same was assigned to be heard by this bench. Consequently, both the appeals were heard analogously.
5. The father of the victim lodged the complaint with the jurisdictional police station regarding mental and physical torture meted out by the in-laws of the victim to her as well as the demand for dowry made by the in-laws from the victim. Such written complaint was lodged on June 26, 2013. The father of the victim stated that, a baby girl was born to the victim. After the birth of the baby girl, the appellants started to claim money and on not getting the same, started to increase the physical and mental torture upon the victim. Once or twice they drove the victim from her matrimonial home. On every occasion, he with the help of local people, kept the victim at her matrimonial home in order to facilitate the victim leading a conjugal life after convincing the appellants with regard thereto. Even thereafter, the appellants continued with the torture on the victim for not getting money. The victim informed him and his family members of such fact on many occasions. Lastly, on March 30, 2012, at about 3 PM, he came to know from the neighbours of the victim that, the victim was admitted to the hospital in a burnt condition. On getting such news, he and his family members went to the hospital where the victim was admitted and found that, maximum portion of the victim was burnt. The victim on seeing him, asked him to save her and take the daughter of hers with him otherwise the in-laws would kill the daughter also. The victim died in their presence at the hospital on that very day. Later, he came to know that, on the eventful day since morning the appellants were beating the victim as she denied to bring money from him in spite of their demand.
6. The written complaint dated March 31, 2012 was registered as a First Information Report bearing FIR No. 102 dated March 31, 2012 under Sections 498A/304B of the Indian Penal Code, 1860. On conclusion of the investigations, a chargesheet was submitted on March 12, 2012. The Court framed charges against the appellant under Section 498A/304B and in the alternative Section 302 of the Indian Penal Code, 1860 as also under Section 406 thereof and under Sections 3/4 of the Dowry Prohibition Act, on April 4, 2013. The appellants pleaded not guilty and claimed to be tried.
7. At the trial, the prosecution examined 15 witnesses. The prosecution relied upon various docu
Conviction under IPC Sections 498A and 304B requires clear evidence of cruelty or harassment linked to dowry demands, which was absent in this case.
The prosecution must prove the charges beyond reasonable doubt, and the absence of mens rea or guilty motive to instigate or abet the victim is crucial in cases of abetment of suicide.
The main legal point established in the judgment is the reliance on the dying declaration and oral evidence to prove the accused's instigation and cruelty, leading to the finding of guilt for both ch....
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
Emotional neglect and isolation in marriage can constitute cruelty under IPC Section 498A, but mere harassment without provocation does not support a charge of abetment to suicide under Section 306.
Clear evidence of cruelty and a direct causal link to the suicide are essential for conviction under Sections 498(A), 304(B), and 306 of the IPC.
In cases of alleged abetment of suicide, the prosecution must prove direct or indirect acts of incitement to the commission of suicide, and the evidence must establish that the victim was left with n....
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