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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA, J.
Sunil Kumar Rahuja, S/o. Late Harish Kumar Rahuja - Appellant
Versus
State of Chhattisgarh through the District Magistrate, Distt.-Raipur (C.G.) - Respondent
CRA No. 714 of 2006
Decided On : 14-10-2024
(A) Indian Penal Code, 1860 – Section 306 – Abetment of suicide – Conviction under Section 306 set aside due to lack of evidence showing instigation or abetment by the appellant – The court emphasized the necessity of clear mens rea and direct acts leading to suicide. (Paras 19, 20, 22, 26)
(B) Evidence – The prosecution failed to establish that the appellant had committed acts that could be classified as instigation or abetment as defined under Section 107 of IPC. (Paras 21, 24)
Facts of the case: The appellant was convicted for abetting the suicide of his wife, Savita, following allegations of dowry harassment. The deceased committed suicide after reporting her husband's behavior to her family. (Paras 3, 4)
Findings of Court: The court found no evidence of instigation or active encouragement by the appellant leading to the suicide, thus overturning the conviction. (Paras 26, 27)
Issues: Whether the evidence presented established a prima facie case for abetment of suicide under Section 306 IPC. (Para 9)
Ratio Decidendi: The court ruled that mere allegations of harassment do not suffice for conviction under Section 306 IPC without clear evidence of instigation or intent to push the deceased to suicide. (Paras 19, 22)
Result: Appeal allowed; conviction and sentence set aside. (Para 27)
ORDER :
Arvind Kumar Verma, J.
1. With the consent of the parties, matter is heard finally.
2. This appeal has been preferred by the appellant/accused being aggrieved with the judgment of conviction and order of sentence dated 04.08.2006 passed by the learned Sessions Judge, Raipur, (C.G.) in Sessions Trial No.222/2006, whereby the trial Court has convicted the appellant under Section 306 of IPC and sentenced R.I. for seven years and fine of Rs.5,000/- and in default of payment of fine, additional R.I. for one year.
3. Facts of the case in brief is that the deceased/Savita and the appellant/Sunil Kumar Rahuja had performed love marriage in Arya Samaj Mandir, Raipur after absconding their house. After some time of the marriage, the accused/appellant assaulted the deceased for dowry and demanded money for his tea shop. It is alleged by the father of the deceased that when the deceased Savita was come to her maternal home in Mahasamund, she told that what happened with her by her husband, at this instance, the father of the deceased had given the house hold articles to his daughter and had given a sum of Rs.13,000/- on the demand of the appellant, still the accused/appellant ill-treated/harassed the deceased for dowry and continuously assaulted her. On 22-01-2006, when the father of the deceased was coming Raipur, he got the information that his daughter committed suicide by hanging herself.
4. Statements of the witnesses were recorded and on completion of investigation, a charge-sheet was filed based upon which trial Court framed the charges against the appellant.
5. After completion of the trial, the trial Court convicted and sentenced the appellant under Section 306 of IPC. Hence, this appeal.
6. Learned counsel appearing for the appellant submits that trial Court has wrongly convicted the appellant without there being any sufficient evidence available on record against him. He further submits that if the entire case of prosecution is taken as it is, the act committed by the appellant does not fall within the purview of Section 306 of the IPC. There in no conclusive evidence available on record which shows that the appellant had in any manner instigated or abetted the deceased to commit suicide, as defined under Section 107 of the IPC. The trial Court has not evaluated the entire evidence in its right perspective, therefore, same is liable to be set aside.
7. On the other hand, learned Counsel appearing for the State opposed the arguments advanced by learned Counsel for the appellant and submitted that on appreciation of the evidence available on record, the Trial Court has rightly convicted the appellant.
8. I have heard learned Counsel appearing for the parties, perused the order impugned including the evidence adduced by the prosecution before the Trial Court with utmost circumspection.
9. The question in the present case is whether on considering the entire available material to be correct a prima facie case for alleged commission of offence under Section 306 of the Indian Penal Code is made out against the applicant/accused or not?
10. At this juncture, it is appropriate to look into the provisions of Sections 306 of the Indian Penal Code, which run thus:
11. As per the definition given in Chapter-V of Section 107 of the Indian Penal Code, and abetment is constituted by any one of the following three ingredients:
II. that the principal offence was in fact committed; and
III. that he had the intent to aid or encourage its commission.”
12. A person is said to "instigate" another to an act, when he actively suggests or stimulates him to the act by any means of lan
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
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.
The ingredients for abetment under Section 306 IPC must be clearly established; mere abusive words do not suffice.
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 court reinforced that to convict for abetment of suicide, clear mens rea and direct acts of instigation must be evidenced, mere disputes are insufficient.
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