The court affirmed conviction for abetment of suicide, emphasizing that clear evidence linking the accused's conduct to the victim's suicide is essential under Section 306 IPC.

ORDER :

1. This criminal appeal preferred under Section 415(2) of the Bhartiya Nagrik Suraksha Sanhita is directed against the impugned judgment of conviction and order of sentence dated 28.09.2024, passed by the learned Additional/Upper Sessions Judge Dongargarh District Rajnandgao (C.G.) in Session Trial No. 12/2022, whereby the appellant has been convicted and sentenced as under:

2. Brief facts of the case are that, on 01.02.2022 at about 12:30 PM, Kumari Shweta Sahu started vomiting at her residence. Upon being questioned by her family members, she disclosed that a person named Nilesh Raniwal had been editing her photographs and circulating them, thereby defaming her and subjecting her to mental harassment. She further stated that the said person had threatened to kill her family if she reported the matter to the police or disclosed it to anyone. Due to such mental harassment, she consumed a cleaning chemical kept in a white-colored container at her house and handed over to her family members a suicide note taken out from her pocket. Considering her critical condition, the family members called the 108 Ambulance and took her for treatment to Tappa Hospital, from where she was referred to the Medical College, Rajnandgaon. Thereafter, on 01.02.2022 at about 10:30 PM, she was further referred and admitted to Mekahara Hospital, Raipur. During the course of treatment, Kumari Shweta Sahu succumbed on 08.02.2022 at about 7:00 PM. On the basis of the hospital memo, a merg was registered at Police Station Maudhapara, District Raipur, vide Merg No. 0/97/2022 under Section 174 of the Code of Criminal Procedure, and inquest proceedings were conducted. Since the place of occurrence fell within the jurisdiction of Police Outpost Chichola, upon receipt of the unnumbered merg diary from Police Station Maudhapara, the original Merg No. 37/2022 under Section 174 CrPC was registered at Police Outpost Chichola, and the matter was taken up for investigation. During investigation, it was found that the deceased had died due to consumption of poison. The dying declaration of the deceased, the suicide note, and the statements of her parents and other witnesses were recorded. Upon such inquiry, it was found that the accused had abetted the commission of suicide, issued threats to kill and outraged the modesty of a woman through mobile communication. Accordingly, an offence was registered against the accused Nilesh Raniwal, vide Crime No. 226/2022, and the case was taken up for further investigation.

3. During the course of investigation, upon tracing and locating the accused Nilesh Raniwal, he was interrogated and, upon admitting his involvement in the offence, and there being sufficient evidence available in respect of the offences alleged, the accused was arrested and the requisite arrest memo proceedings were completed. During investigation, the viscera seized in the case was sent for chemical examination, and the report received indicated the presence of the herbicide paraquat. Further, a spot map (Patwari Nazri Naksha) was prepared. Upon completion of the entire investigation, the charge-sheet in Crime No. 226/2022 for offences punishable under Sections 306, 506, 509(B) and 354(B) of the Indian Penal Code was filed in the Court of the learned Judicial Magistrate First Class, Dongargarh.

4. In order to bring home the offence, the prosecution examined as many as 22 witnesses an