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ANANYA BANDYOPADHYAY
Ramdhari Debi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is preferred against the judgment and order dated 28th May, 1990 passed by the Learned 7th Additional Sessions Judge, Alipore, 24 – Parganas, in Sessions Trial No. 1(9) of 1988, convicting and sentencing the appellants to suffer rigorous imprisonment for 4 years and to pay a fine of Rs.500/-each in default to suffer simple imprisonment for a further period of two months for the offence under Section 306 of the Indian Penal Code and to suffer rigorous imprisonment for one (1) year and to pay a fine of Rs.100/-each in default to suffer simple imprisonment for a further period of 15 days for the offence under Section 498A of the Indian Penal Code.
2. The police case was started against the appellants on the alleged grounds that the appellants committed torture and cruelty on the victim lady named Munni Debi wife of Suraj Prosad for that she was compelled to commit suicide by setting fire on her person after pouring kerosene oil on her person. She was removed to N.R.S. Medical College and Hospital where she died.
3. Based on the written complaint, G.R. Case No. 467 of 1987 in connection with the F.I.R. of a cognizable offence reported unde
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
Section 306 in Indian Penal Code reads as abetment of suicide.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
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 ....
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
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