To sustain a conviction under Section 306 IPC for abetment of suicide, there must be clear evidence of intention and proximate acts that directly instigate the victim, which was lacking in this case.

JUDGMENT :

Rajani Dubey, J.

1. Since the aforesaid criminal appeal and acquittal appeal arise out of the same judgment, they are being heard together and decided by this common judgment.

2. The aforesaid Criminal Appeal No. 82/2013 and ACQ No. 159/2014 are directed against the impugned judgment dated 24.12.2012 passed by learned 1^st Additional Sessions Judge, Durg, District Durg (C.G.), in Sessions Trial No.106/2010 whereby, appellant in CRA No.82/2013 has been convicted under Section 306 of IPC and sentenced him to undergo R.I. for 07 years with fine of Rs.2,000/-, with default stipulation, and respondents No. 3 to 5 in ACQ No. 159/2014 have been acquitted from the offence under Sections 304-B and 302 of IPC.

3. In the present case, on 17.04.2003, marriage of accused/appellant – Hari Singh in CRA No.82/2013 was solemnized with Geeta Devi Singh (since deceased). The acquitted respondent Nos. 2 to 5 in ACQ A. No. 159/2014 are brother-in-law, sister-in-law and mother-in-law, respectively.

4. The prosecution story, in brief, is that at the time of marriage, pursuant to the demands of the accused persons, the family members of the deceased had given a sum of Rs.1,50,000/- along with gold ornaments such as a maangtika, nose ring, necklace, jhumka, chain with earrings, ring, tops, bangles, etc as dowry. However, about 15 days after the marriage, all the accused persons started harassing and assaulting the deceased for bringing more dowry. When the deceased informed her family members of this harassment over the telephone, her elder sister Sangeeta Mani and her mother Sulochana Devi Pawar advised her that the marriage was recent and that things would settle in due course. In October 2009, accused Hari Singh left the deceased at her mother’s house in Delhi telling her to obtain Rs.50,000 from her brother and to come to Bhilai only after arranging the money. In order to ensure the happiness of the deceased, her family members arranged the said amount and sent her back to her matrimonial home. On 22.12.2009, the deceased’s mother, Smt. Sulochana Devi Pawar, talked to accused Hari Singh regarding the assault upon her daughter, upon which, accused Hari Singh tender apology and assured her that such conduct would not be repeated. Thereafter, on 31.12.2009 at about 9:00 a.m., accused Hari Singh informed over telephone that the deceased Geeta Devi had committed suicide. The family members of the deceased immediately left New Delhi by road for Bhilai and reached there on 02.01.2010. When they saw the body of the deceased in the Durg mortuary, they noticed 3–4 injury marks on her body. Meanwhile, upon information provided by Hemant Sahu, Head Constable who was also neighbour of accused Hari Singh, a merg No. 109 dated 31.12.2009 was registered at Smritinagar Police Outpost as per Ex.P-5, and proceedings under Section 174 Cr.P.C was commenced. The Executive Magistrate, Durg, Shri B.K. Verma served notices (Ex.P-1) upon six persons including the deceased’s husband/accused No.1 Hari Singh for inquest proceedings, thereafter, the inquest was prepared on the body of deceased vide Ex.P-2. During inquest, it was found that the door of Quarter No. E-7 was open. The body of the deceased was lying on the bed and was identified by the persons present. A ligature mark was found on her neck and a white dupatta with two knots was also found tied around her neck. Both legs were bent near the knees. On the showcase of the bed, a di