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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Kunwar Pal - Appellant
Versus
State - Respondent
Criminal Appeal No. 25 of 2012
Decided On : 07-01-2020
498A/306 IPC - The court discussed the provisions of Sections 498A and 306 of the Indian Penal Code (IPC) and their interpretations. The court highlighted the elements of cruelty and abetment of suicide under these sections and their application to the facts of the case.
Fact of the Case:
The appellant was convicted for the offences punishable under Sections 498A/306 IPC based on a suicide note left by the deceased, alleging cruelty and abetment of suicide by the appellant and others.
Finding of the Court:
The court found that the prosecution failed to prove the allegations of cruelty and abetment of suicide beyond reasonable doubt. It noted that none of the witnesses supported the prosecution's case, and the medical evidence did not substantiate the allegations in the suicide note.
Issues: The issues revolved around the credibility of the suicide note, the absence of corroborating evidence, and the failure to establish the elements of cruelty and abetment of suicide under Sections 498A and 306 IPC.
Ratio Decidendi: The court held that the mere recovery of the suicide note was not sufficient to establish the guilt of the appellant. It emphasized the need for corroborating evidence and the failure to prove the essential elements of the alleged offences.
Final Decision: The court set aside the appellant's conviction and acquitted him of all charges, concluding that the prosecution had failed to prove the case beyond reasonable doubt.
JUDGMENT
Sanjeev Sachdeva, J. - Appellant impugns judgment on conviction dated 13.12.2011 and order on sentence dated 15.12.2011 whereby appellant has been convicted for the offences punishable under Sections 498A/306 Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment for a period of 2 years for the offence under Section 498A IPC with fine of Rs. 1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month and sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Section 306 IPC and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo simple imprisonment for a period of two months.
2. Appellant is the husband of the deceased.
3. As per the case of the prosecution information was received at 2.40 PM on 27.02.2009 that a lady had committed suicide. When the Investigating Officer reached spot, he found the deceased hanging from the fan. Investigating Officer also found one suicide note written in Hindi and signed in English dated 27.02.2009.
4. The contents of the suicide note are as under: -
"My name is Kavita and I am going to commit suicide today because my husband has beaten me a lot today and for getting rid of him, I am committing suicide. For this my husband, Shyam Lal and one Janki are responsible because my husband used to beat me because of them and my husband has some relations with Janki to which I had objection."
5. In the inquest proceedings, on 28.02.2009, Shri Rajender Singh, father of the deceased in his statement recorded before SDM, alleged that he married his daughter to accused Kunwar Pal on 24.02.2007 and at the time of marriage accused raised no demand for dowry and he had given the articles from their own will in the marriage.
6. He further alleged that accused started harassing his daughter for dowry just after the marriage and also demanded motorcycle. Despite of their efforts, he did not leave his habit of harassing his daughter and he used to send his daughter to village because he had illicit relations with neighbouring lady.
7. He further alleged that on 15.02.2009, he brought his daughter to Delhi and on that day the elder brother of accused Kunwar Pal, assured that thereafter accused Kunwar Pal would not say anything to his daughter. He further alleged that a day prior at 3 o''clock he got information that his daughter had committed suicide. He was informed by Yash Pal. He further stated that she committed suicide due to bad behaviour and bad character of the accused. He further alleged that one day prior also his wife received a call from his daughter that accused was demanding Rs. 30,000/- to which they told that they would arrange the same by Sunday.
8. He further alleged that his daughter committed suicide due to illicit relations of accused and further alleged that accused had also stolen the jewellery of his daughter. His wife Shyamwati also agreed with his statement before SDM.
9. With regard to the allegations of illicit relations of the accused with one Janki, it was enquired into by the IO from the neighbors but none of them supported the allegations.
10. Chargesheet was filed under Section 498-A/304-B IPC and charges were also framed under Section 498-A/304-B IPC.
11. The hand writing expert in his opinion with regard to the alleged suicide note, opined that though some similarities were observed in formation of some letters but all features/vowel signs occurring in the questioned writings could not be accounted for similarly in the standard writings and no admitted signatures were given for comparison and accordingly no opinion could be expressed on the hand writing and signatures.
12. It was stated in the report that further attempt could be made if further admitted writings and signatures were provided for comparison. Trial court has noticed that no steps were taken by the Investigating Agency to provide admitted signatures for forensic e
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