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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Basant Kumar, S/o Tirith Ram Satnami – Appellant
Versus
State Of Chhattisgarh through PS Baloda, District Janjgir-Champa (C.G.) – Respondent
JUDGMENT :
Rajani Dubey, J.
1. The present appeal is directed against the judgment of conviction and order of sentence dated 31.07.2007 passed by Digitally signed the learned 2nd Upper Session Judge (FTC), Janjgir (C.G.) in ST by No.77/2007, whereby the appellant has been convicted under Section 306 of IPC and sentenced to undergo RI for 4 years with fine of Rs.500/- with default stipulation.
2. The prosecution case, in brief, is that marriage of the deceased Tikaitin Bai was solemnized with the accused/appellant prior to 4 years of the incident. Owing to dashgatra in the family of the appellant due to demise of his grandmother, the mother of the deceased had left her to her matrimonial house and after 9 days therefrom, she committed suicide by consuming liquor. The appellant tried to hospitalize her but she could not be hospitalized and died. Thereafter a case was registered against the appellant by the family of the deceased. After investigation, the charge sheet was submitted before the Magistrate concerned and on the basis of the evidence adduced by the prosecution and material available on record, learned trial court convicted and sentenced the accused/appellant, as mentioned in
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.
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....
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.
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
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