2000 Supreme(Del) 767
High Court Of Delhi
TAPOSHI CHAKERVARTI - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 505 of 1997
Decided On : 09/05/2000
Ajay Burman, Ayub Khan, M.S.BUTALIA
Headnote:Indian Penal Code, 1860 Sections 306 and 498-A - Framing of charge for offences under - Revision - Only material were two letters written by deceased giving reasons why she had chosen to take step to end her life - Abetment of suicide Abettor must be shown to have Intentionally aided commissioning of crime - Mere proof that crime charged could not have been committed without Interposition of alleged a better Is not enough – Material against petitioner showed that deceased was "sensitive religious and devoted" person who was finding normal wear and tear of life difficult to cope with - Trial of accused on charge would be an exercise In futility Impugned order of framing charge was liable to be set aside (Paras 6 and 7)
Result: Revision allowed.
( 1 )
( 2 ) THIS Criminal Revision Petition No. 505 of 1997 is directed against the judgment and order of the learned Additional Sessions dated 24. 9. 1997 whereby the learned Additional Sessions Judge has framed charge against the petitioner under Sections 306/498-A read with Section 34 Indian Penal Code. It is the case of the petitioner that upon material avaible on record and taken to be correct in all respects, it is not sufficient to support the charge of Sections 306 and 498-A Indian Penal Code. It is on this backdrop that the petitioner has taken me through the record of the case. The only material available on record are two letters written by the deceased giving reasons as to why she has chosen to take this drastic step of ending her life. It would, therefore, be appropriate to refer to the letters which are as follows:
"unable to bear the load of intolerable hardship and humiliation, I am leaving this world. I had married with great hopes that in a joint family I would receive and give a lot of affection. I am a father-less and mother-less person, of inferior destiny. I had great hopes that I would conquer the hearts of my father-in-law and mother-in-law and win over their love. But alas! Has anyone ever been able to win over affection by force? In the last moments of my life, I wouldn t tell any lie, nor am I doing so. My mother-in-law s heart is made of stone. But 1 cannot say that for certain. She is extremely cunning. one who burns the home but presents a beguiling picture to the world -the proverb was perhaps coined with her in mind. [bengali proverb to describe a two-faced person who conceals domestic discord from the world]. People think that she is the very image of the goddess. No one could guess on seeing her warm-heartedness for others, that this was just for show, and that she was actually a scheming person [jilipir patch]. She was an extremely opportunistic, short-tempered and prejudiced woman. Where the money is, there her affections lie. Alas! With the inhabitants of which world have I had to live! My husband [swami] has no money. Salaried people can never have excess money in order to runa household. I have had to throttle my desires long ago. I have spent a lot of time trying to make the family happy. I have had severe disagreements and conflicts with my husband. I had only one thing to say your parents have brought you up under difficult circumstances. Therefore, after maintaining your family, it is your duty to give them whatever money is within your means. He could never do that. Even though I did not love them at all, for the sake of duty, I would often try to buy this or that for them on the sly. But one must also learn how to receive gifts. Till today my mother-in-law has not been able to receive my gifts with either a smile, or praise. I at least have not seen such a lady in my life. Ever since my marriage they have pestered me. But people believe that only a very fortunate woman can get such godlike parents-in-law. Secretly, I would laugh at this. Because as the proverb goes, she who has not been seen is beautiful, she who has not been tested is a wonderful cook . Only one who stays with such a person and suffers in the process, can really tell what the person is like. Not once after marriage has she given me money and said, Here, spend it as you will My husband was in Jaipur. The entire salary would go into their hands. If I: said anything, both would say, "you have enough to eat, enough to wear. What do you need more money for? But now they have grown old. If I had been like them, I could have behaved in a similar fashion. But no, whenever I remembered my days of hardship, when I had faced inconvenience at every step, for lack of money,i tried to give them some money even after running my family. At times I have been successful, at times not.
( 3 ) BUT should the affection for the wives of the two sons be decided by the weight of money? The younger son whom I loathed to intro