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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY, J.
Biswajit Samanta - Appellant
Versus
The State of West Bengal - Respondent
C.R.A. No. 72 of 2010
Decided On : 22-05-2024
Conviction - IPC 498A, 306 - Sections 498A and 306 of IPC discussed, emphasizing the need for mens rea and instigation for abetment of suicide, leading to the court's decision to overturn the conviction due to lack of evidence.
Fact of the Case:
The appellant was convicted under IPC Sections 498A and 306 for allegedly subjecting his wife to cruelty and abetting her suicide. The prosecution claimed the wife was tortured, leading to her suicide while pregnant. The appellant denied the allegations, asserting no cruelty was proven.
Finding of the Court:
The court found that the prosecution failed to establish the necessary elements of mens rea and instigation required for a conviction under Sections 498A and 306. The evidence presented did not support claims of cruelty or abetment.
Issues: Whether the appellant committed cruelty under Section 498A and abetted suicide under Section 306 of the IPC.
Ratio Decidendi: The court emphasized that mere allegations of cruelty or suicide are insufficient for conviction; there must be clear evidence of instigation and mens rea.
Result: The appeal is allowed, and the conviction is overturned.
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is preferred against the judgment and order of conviction dated 28.01.2010 and 29.01.2010 passed by the Learned Additional Sessions Judge, Katwa in Sessions Trial No. 41 of 2009 arising out of the Sessions Case No. 52 of 2008 convicting the appellant under Sections 498A/306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.500/-in default to suffer simple imprisonment for 3 months more for the offence punishable under Section 498A of the Indian Penal Code and also to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.2000/- in default to suffer simple imprisonment for 6 months for the offence punishable under Section 306 of the Indian Penal Code with a direction about both the sentences to run concurrently.
2. The prosecution case emanated on the basis of a complaint which inter alia stating that on 24.01.2006 the informant (PW-1) gave her daughter Shrabani in marriage to accused Biswajit Samanta and the said marriage was solemnized according to the Hindu Rites and Customs. Soon after marriage Shrabani was subjected to both physical and mental torture. Shrabani used to keep her father informed about the said incidents of torture. On 17.06.2007 at about 10:30 a.m. the informant (PW-1) received a phone call from an unknown person who informed him that an accident had taken place in the matrimonial house of Shrabani. Having received the said information he along with others rushed to there and found the covered dead body of Shrabani lying on the floor. On interrogation he came to know from the mother-in-law of Shrabani that Shrabani who was then carrying for six months, had committed suicide by hanging. However, PW-1 believed that the husband and other in laws of her daughter were responsible for her death.
3. On the basis of the said written complaint of PW-1, Katwa Police Station started investigation and on completion of the investigation thereof the investigating officer filed a charge-sheet under Sections 498A/302/120B of the Indian Penal Code against the appellant and four other persons.
4. During trial the charges under Section 498A/302 of the Indian Penal Code were framed against the appellant and others who pleaded not guilty and claimed to be tried.
5. In order to prove its case the prosecution had examined 12 witnesses and exhibited certain documents.
6. The Learned Advocate for the appellant submitted as follows:-
ii. Further, the prosecution story could not establish the mens rea and/or motive of any crime, alleged to have been committed by the appellant.
iii. The Surathal and/or Inquest Report by one S.I. Manik Chandra Dutta did not show injury or wound on the body of the deceased, which clearly proved the allegations of torture made by the de.-facto complainant herein and/or PW-1 were false.
iv. Out of the 17 listed witnesses of charge sheet, five witnesses, including the investigating officer of the case, autopsy surgeon and executive magistrate could not be examined by the prosecution during trial of the instant case, the same amounted to lacuna and faulty trial.
v. The father/de-facto complainant was not aware of the reason of suicide at the time of filing of the written complaint before the concerned police station on 17th June 2007, later, as per the deposition of the PW1 and/or de-facto complainant here it could be seen that the PW1 being the father of the deceased herein out of the blue stated that he was informed by his daughter that
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
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.
A conviction for abetment of suicide requires clear proof of intent and instigation, which were lacking 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.
The judgment emphasizes the stringent requirement of proving clear mens rea and direct act leading to suicide to establish the offense of abetment of suicide under Section 306 IPC, highlighting the n....
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
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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