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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
RAVINDRA KUMAR AGRAWAL, J.
Smt. Sonamati, W/o. Shri Dadan Yadav - Appellant
Versus
State of Chhattisgarh, through Police Station Rajpur, Dist. Surguaj – Respondent
CRA No. 352 of 2003, CRA No. 353 of 2003
Decided On : 05-04-2024
Abetment of Suicide - Criminal Law - Section 306, Section 107 of IPC - Summary
Fact of the Case:
The case involved two appeals arising from a common incident and judgment. The appellants were convicted and sentenced for offenses under Section 498-A and 306 read with Section 34 of the IPC, related to the suicide of the deceased Ratnari Bai. The prosecution alleged harassment by the appellants, leading to the suicide, while the defense claimed innocence and false implication.
Finding of the Court:
The court analyzed the evidence, including witness testimonies and medical reports, and found that the prosecution failed to prove beyond reasonable doubt that the appellants abetted the suicide. The court noted discrepancies in witness statements and lack of clear evidence of instigation or cruelty by the appellants. The court emphasized the need for clear mens rea and direct act leading to suicide to establish the offense under Section 306 IPC.
Issues: The key issues revolved around proving the abetment of suicide by the appellants, the credibility of witness testimonies, and the existence of cruelty or instigation leading to the deceased's suicide.
Ratio Decidendi: The court applied the legal principles outlined in Section 306 and Section 107 of IPC, emphasizing the need for clear evidence of instigation, conspiracy, or intentional aid to establish the offense of abetment of suicide. The court also referred to precedents highlighting the requirement of proving cruelty and the absence of hypersensitivity to common domestic discord in cases of suicide.
Final Decision: The court acquitted the appellants from the charges of Section 498-A and 306/34 of IPC, citing lack of unambiguous evidence demonstrating the required provocative culpability and absence of a clear link between the appellants' actions and the deceased's suicide.
JUDGMENT :
1. Both these appeals are arising out of the common incident and common judgment, therefore, they are being decided together.
2. CRA No. 353/2003 has been filed by appellants Dadan Yadav and Smt. Jamunibai and CRA No.352/2003 has been filed by appellant Smt. Sonamati against the common judgment of conviction and order of sentence dated 11-03-2003 which has been passed by the First Additional Sessions Judge Ambikapur Surguja in Sessions Case No.338/2002 (State of C.G. Vs. Dadan Ram and Smt. Jamuni Bai) and Sessions Case No.339/2002 (State of C.G. Vs. Smt. Sonamati) whereby each of these appellants have been convicted and sentenced as mentioned below with a direction to run all the jail sentences councurrenlty -
| Conviction | Sentence |
| U/s 498-A of the IPC | R.I. for 3 years and fine of Rs.1000/-, in default of payment of fine further R.I. for 6 months |
| U/s 306 read with Section 34 of the IPC | R.I. for 10 years and fine of Rs.1000/-, in default of payment of fine further R.I. for 6 months |
3. Brief facts of the case are that deceased Ratnari Bai was married with accused/appellant Dadan Ram Yadav since 10 years back from the date of incident. She committed suicide on 17-08-2001 by hanging herself on a tree of her court yard. The dead body was seen by one Umashankar Yadav who has lodged merg intimation on 17-8-2001 to the police at about 10 a.m. vide Ex.-P/13. The police came on the spot, got down the body of the deceased and prepared inquest Ex.-P/3 in presence of the witnesses. The dead body of the deceased was sent for postmortem to Community Health Center, Rajpur where Doctor Rajesh Bhajgavali (PW- 8) along with another doctor Pritam Ram had conducted postmortem of the deceased and gave his report Ex.-P/8. While conducting the postmortem of the dead body of the deceased the doctor has found the following injury on body :-
He found ligature mark on her neck which was 0.5 cm. in depth and dark brown in colour. The mark of the knot of rope was in her neck which was triangular in shape, the ligature mark was obliquely placed. and opined that cause of death asphyxia due to hanging and nature is suicidal.
The spot map Ex.-P/12 was prepared by police and Ex.-P/6 was prepared by the Patwari. The FIR Ex.-P/14 has been registered against appellant Dadan Ram Yadav and mother of appellant Dadan Ram Yadav namely Smt. Jamunibai (since dead) for the offence under Section 498A, 306, 34 of the IPC. The statement of the witnesses under Section 161 of the Cr.P.C. have been recorded and after completion of the usual intestigation charge sheet was filed in the Court of learned Judicial Magistrate First Class Ambikapur against appellant Dadan Ram Yadav and his mother Jamunibai on 10-12-2001. On 01-08-2002 the police has filed a supplimentary charge sheet against appellant Smt. Sonamati (appellant in CRA No.352/2003) for offence under Section 498A, 306/34 of the IPC and her case was also committed to the Court of learned Sessions Judge, from where to the learned trial Court for trial. The learned trial Court has framed charges against the appellants for the offences under Section 498A, 306, 34 of the IPC. The accused persons/appellants denied the charge and claimed for trial.
4. In order to establish the charge against the appellants the prosecution has examined 16 witnesses. Statement under Section 313 of the Cr.P.C. of the appellants have also been recorded in which they denied the circumstances appearing against them, pleaded innocence and have submitted that they have been falsely implicated in the offence.
5. After considering the oral a
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....
The conviction under Section 306 IPC requires clear evidence of instigation or active involvement leading to suicide, not mere demands for money.
(1) There is nothing unnatural for a victim of domestic cruelty to share her trauma with her parents, brothers and sisters and other such close relatives. Evidentiary value of close relatives/interes....
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.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
The prosecution must prove the deceased's death within seven years of marriage and provide evidence of harassment or abetment to commit suicide by the accused to establish the offense of abetment of ....
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....
The judgment underscores the importance of establishing the specific elements of cruelty and abetment as required by the relevant legal provisions, and the discretionary nature of the presumption und....
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.
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