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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
RAVINDRA KUMAR AGRAWAL, J.
John Balihar S/o Jermiyas – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal No.363 of 2003
Decided on : 04-03-2024.
Abetment - Suicide - Section 306/34 IPC - Section 306, 107, and 109 IPC - The court discussed the provisions of Section 306 and 107 IPC, defining abetment, and emphasized the necessity to prove instigation, conspiracy, or intentional aid for abetment. The court analyzed the dying declaration and witness testimonies to assess the credibility of the evidence. It referred to legal precedents to establish the requirement of mens rea and a direct link between the accused's actions and the deceased's suicide.
Fact of the Case:
The deceased, an Angan Badi worker, allegedly committed suicide by setting herself ablaze. The prosecution accused the appellants of abetting the suicide by pressuring the deceased to provide oil and engaging in abusive behavior. The appellants denied the allegations and claimed innocence, asserting false implication.
Finding of the Court:
The court found the dying declaration and witness testimonies unreliable, lacking clarity and conviction to establish the appellants' culpability under Section 306 IPC. It emphasized the absence of continuous and proximate conduct of the appellants to provoke or compel the deceased to commit suicide.
Issues: The key issues revolved around the credibility of the dying declaration, witness testimonies, and the establishment of the appellants' culpability under Section 306 IPC.
Ratio Decidendi: The court emphasized the necessity to prove instigation, conspiracy, or intentional aid for abetment under Section 306 and 107 IPC. It referred to legal precedents to establish the requirement of mens rea and a direct link between the accused's actions and the deceased's suicide.
Final Decision: The appeal was allowed, and the appellants were acquitted from the charges framed against them.
JUDGMENT :
1. This appeal is directed against the judgment of conviction and sentence dated 12.03.2003 passed by the Ist Additional Sessions Judge Surguja (Ambikapur) in Sessions Trial No.123/2002, whereby the appellants have been convicted for the offence under Section 306/34 IPC and sentenced them to undergo RI for 10 years with fine of Rs.5000/-, in default to pay fine amount, further RI for 1 year to each appellants.
2. Brief facts of the case is that one Ramdhan Pando has given a merg intimation to the police Station Lakhanpur, Surguja on 17.09.2000 at about 20:30 hours intimating that the deceased Aloka Rani, working as an Angan Badi worker and residing along with her 10 year old son (Chintu), has committed suicide by setting herself ablaze on 17.09.2000 at about 12:45 pm in her house. When the villagers asked her about the incident, she replied that she herself has committed suicide. Thereafter, she was being taken to Lakhanpur hospital from where she was referred to Ambikapur hospital. When she was being taken to Ambikapur hospital, on the way she died. Merg intimation Ex.P/5 was recorded by the police and started merg enquiry. The inquest Ex.P/7 of the deadbody was prepared in presence of the witnesses. The body was sent for postmortem to primary health centre Lakhanpur where PW-9, Dr. P.S. Kerketta has conducted postmortem and gave his report vide Ex.P/18. While conducting postmortem, the doctor found 100 percent burn injuries. He also found Carbon particles present in nostril, deep burn in chest, abdomen and both thigh. 100 percent burn in rest part of the body. Blisters present at place, there is exudate from burn area. Present burn is antemortem in nature. The doctor has opined that cause of death is shock as a result of antemortem burn. Vide seizure memo Ex.P/3, Jerikane contained with kerosene, aluminum pot, one match box, burnt piece of clothes and one burnt matchstick was seized from the spot in presence of the witnesses. Vide Ex.P/10 one steel glass from which poisonous like smell coming out, 4 nos. photo, 3 nos. letter written by Raju, 5 nos. letter written by deceased Aloka Bai and 4 nos. of another letters written by deceased Aloka were seized. FIR Ex.P/11 was registered by the police for the offence under Section 306 IPC against the appellants and also against one Khursheed Miyan. The seized articles were sent for FSL examination. FSL report is Ex.P/15 in which it has been found that the seized plastic Jerikane and burnt pieces of clothes contains with kerosene oil whereas, aluminum pot, the match box and burnt matchstick does not contain with kerosene oil. Spot map Ex.P/17 was prepared by the police and Ex.P/19 was prepared by the Patwari.
3. It is also the case of the prosecution that when the deceased was being taken to Lakhanpur Hospital, PW-9, Dr. PS Kerketta have taken her dying declaration Ex. P/1.
4. The statement of the prosecution witnesses were recorded under section 161 CrPC. After completion of investigation and after arresting the accused persons, charge sheet was filed for the offence under Section 306/34 IPC against the appellants and another co-accused Khursheed, who is absconding.
5. The case was committed to Sessions Court for its trial and from where it has been transferred to trial Court. The trial court has framed charges against the appellants for the offence under Section 306/34 IPC. The appellants abjured their guilt and claimed trial.
6. In order to establish the charge against the appellants, the prosecution has examined 12 witnesses. The statement under section 313 of CrPC of the appellants were recorded in which they denied the material appearing against them and plead innocence and submits that they have been falsely implicated in the offence. They would further submit there was an allegation of embazzlement of fund of Mahila Samuh for which a complaint was made before the Panchayat and Panchayat has taken action against her. Therefore, she had falsely implicated the appellants.
7.
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
The main legal point established in the judgment is that to convict a person under Section 306 IPC for abetment of suicide, there must be clear mens rea and active instigation or aiding proven. The c....
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
The court established that mere allegations or hearsay evidence are insufficient for conviction under IPC Section 306; concrete evidence of instigation or aid in the act of suicide is essential.
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.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aiding by the accused, which was not present in this case. Mere refusal to marry does not consti....
To convict under Section 306 IPC, there must be clear evidence of instigation or abetment, which was not established in this case.
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