IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
Upender Shishodiya - Appellant
Versus
Govt. of NCT of Delhi - Respondent
Bail Appln. 1935 of 2022
Decided On : 17-11-2022
BAIL - SECTION 306 IPC - ABETMENT OF SUICIDE - SUFFICIENCY OF GROUNDS - APPLICANT'S CONTENTION THAT NO OFFENCE MADE OUT AGAINST HIM - NO SUICIDE OR ABETMENT - DECEASED'S STATEMENT RECORDED SOON AFTER INJURIES SUSTAINED BY HER - NO MENTION OF APPLICANT BURNING HER - APPLICANT TRIED TO SAVE HER - VIDEO CALL/RECORDING OF CONVERSATION BETWEEN DECEASED AND HER BROTHER - APPLICANT POURED TARPEEN OIL ON HIMSELF WHICH ALSO CAME ON TO HER BUT HER SAREE CAUGHT FIRE - APPLICANT PUT OFF THAT FIRE - TARPEEN OIL HAD COME ONTO HER BLOUSE - WHILE SAVING APPLICANT, SHE HERSELF GOT BURNED - DECEASED'S STATEMENT IN VIDEO/CALL RECORDING - NO ATTEMPT TO INJURE HERSELF - APPLICANT TRIED TO IMMOLATE HIMSELF - INJURIES SUSTAINED BY DECEASED NOT FATAL - CAUSE OF DEATH - SEPTICEMIA AS A RESULT OF ANTE-MORTEM INFECTED THERMAL BURNS - VARIANT VERSIONS IN PROSECUTION VERSION - FSL RESULT IN RELATION TO VIDEO RECORDINGS SEIZED AND CCTV FOOTAGE AWAITED - APPLICANT RELEASED ON BAIL ON CONDITIONS.
Fact of the Case:
Applicant seeks regular bail in relation to FIR No.424/2022, PS Wazirabad, under Section 306 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated therein in relation to allegations against him of abetment of suicide of his wife.
Finding of the Court:
The ingredients of the alleged commission of the offence punishable under Section 306 of the Indian Penal Code, 1860 read with Section 107 of the Indian Penal Code, 1860 do not appear to be attracted in the instant case thereby.
Issues: Whether the applicant has been falsely implicated in the case.
Ratio Decidendi: The version put forth through the statement dated 04.05.2022 of the injured (since deceased) and the recording of the video dated 05.05.2022 by Mr. Abhishek Raghav, the brother of the deceased, it is not stated therein that the injured (since deceased) had tried to immolate herself.
Final Decision: The application is disposed of accordingly.
JUDGMENT
Anu Malhotra, J.
1. The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.424/2022, PS Wazirabad, under Section 306 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated therein in relation to allegations against him of abetment of suicide of his wife.
2. Notice of the application was issued to the State. Vide the status report dated 01.07.2022 under signatures of the SHO, PS Wazirabad, it was submitted to the effect that on 03.05.2022 an information Vide DD No.97A in relation to MLC No. E-3102/08/22 of Diksha W/o Upendra Sisodia, i.e., of the wife of the applicant, was received at the Police Station Wazirabad from the GTB Hospital, stating to the effect "Gas se jalne par uske pati ne use admit karaya hai", and that the same was marked to SI Shankar who reached the GTB Hospital and collected the MLC of the victim Diksha, on which the Doctor mentioned "Alleged History of Burn and injury was under observation". Inter alia, it is stated through the said status report that during enquiry, victim Diksha stated that a fire incident had taken place in her house, and her husband had got her admitted in the GTB Hospital, after which, she was referred to the Safdarjung Hospital for further treatment. As per the said status report, the injured could not tell details about the fire incident. The copy of the MLC prepared by the GTB Hospital, Shahdara of the then injured, i.e., the wife of the applicant, as per local examination, showed that the injured was brought by the applicant herein and was examined on 03.05.2022 at 2:17 PM, when she was found to be fit for statement at 2:54 PM on 04.05.2022, and that the injuries sustained by her as recorded in the local examination were to the effect:
"Local Examination
3. As per the said status report, on 22.05.2022, an information was received Vide DD No. 85A from Safdarjung Hospital that the victim Diksha died during the course of the treatment, and on the same day, the victim's brother named Raghav along with his 2-3 relatives came to the PS Wazirabad and gave a written complaint against his brother- in-law, the applicant herein. It is stated through the said status report that the complainant Raghav stated that his brother-in-law, the applicant, had been working as a chef in Hyderabad; that his sister was married with the applicant on 28.02.2011, and out of the wedlock, they have two children aged 10 years and 7 years; that his sister often complained about harassment and ill behavior meted out to her by her husband for the last two years; and she also stated that her husband was in relationship with a girl namely Saima Sarreen at Hyderabad. Inter alia it was stated through the said complaint by the complainant Raghav that the applicant often used to beat the victim and mentally torture her by saying that he would divorce her and would marry Saima. The complainant Raghav has further stated therein in his complaint to the effect that his sister also shared many photographs and videos of atrocities committed by her husband and also stated that the mother-in-law of the victim also used to side with her son.
4. It has been stated through the said status report that the statement of the complainant Ankit Raghav was recorded, and in view of the statement and the MLC, an FIR bearing No. 424/22, PS Wazirabad, under Section 306 of the Indian Penal Code, 1860 was registered and that the further investigation of the case was handed over to SI Ghanshyam.
5. It has been submitted further though the status report that the complainant had also stated that on 30.05.2022 (that is apparently a typographical error and ought to read as 03.05.2022), the victim had called his mother and stated that she was fed up with the torture committe
The main legal point established in the judgment is that to convict a person under Section 306 IPC for abetment of suicide, there must be clear mens rea and active instigation or aiding proven. The c....
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
The court ruled that mere words spoken in anger do not constitute abetment under IPC, emphasizing the need for clear evidence of intent to support a conviction for abetment of suicide.
For a charge under Section 306 IPC, clear evidence of instigation or encouragement to commit suicide is required, which was absent in this case.
In order to establish a charge of abetment of suicide under Section 306 IPC, the prosecution must prove that the victim committed suicide as a consequence of the cruelty or torture inflicted by the a....
The court established that inconsistencies in dying declarations and lack of corroborative evidence undermine the prosecution's case, necessitating acquittal.
The court ruled that mere words spoken in anger do not constitute abetment under IPC sections 498-A and 306, emphasizing the need for credible evidence to support such claims.
The court established that mere allegations or hearsay evidence are insufficient for conviction under IPC Section 306; concrete evidence of instigation or aid in the act of suicide is essential.
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