To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.

JUDGMENT :

1. By way of present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for short), the appellant has challenged the judgment and order of conviction dated 29.06.2002 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.139/2001, whereby the appellant has been convicted for the offences under Section 306 of the Indian Penal Code (hereinafter referred to as “IPC” for short) and thereby sentenced him to undergo six years rigorous imprisonment and fine of Rs.1,100/-, in default, to undergo 30 days simple imprisonment.

2. The brief facts leading to filing of the present appeal are as under,

2.1 An FIR being C.R. No.I-93/2001 came to be registered with Ankleshwar Police Station for the offences under Section 306 of the IPC alleging inter alia that the daughter of the complainant married with the deceased before seven years and as the deceased was unable to conceive a child, the disputes were cropped up and at that time, the appellant – accused used to tell her that if the deceased dies, he will remarry and thereby the appellant – accused was giving mental and physical torture and because of constant harassment meted out to the deceased by the appellant – accused, the deceased committed suicide by hanging herself.

2.2 On the basis of the registration of the FIR, the investigation was carried out and on conclusion of investigation, the chargesheet came to be filed before the court of the learned Judicial Magistrate First Class, Ankleshwar.

2.3. Since the case registered against the appellant -accused was exclusively triable by the Court of Sessions, the Learned Judicial Magistrate, First Class, Ankleshwar after making inquiry about the suppliance of copies of papers, free of cost to the accused as provided under Section 208 of the Code of Criminal Procedure and upon satisfaction that the accused have engaged own Advocate for defence committed the case to the Court of Session Judge, Bharuch under Section 209 of the Code of Criminal Procedure, which came to be registered as Session Case No.139 of 2001.

2.4 On committal, the case was transferred and placed for trial before the Learned Sessions Judge, Bharuch, who had initially framed charge against the accused vide Exh.6 for the alleged offences. The charge was read over and explained to him. Plea of each accused came to be recorded vide Exh.7, wherein he pleaded not guilty to the charge and claimed to be tried.

2.5 Thereafter in order to bring home the charges leveled against the appellant – accused, the prosecution has examined 14 prosecution witnesses and also produced 14 documentary evidence, details of which are mentioned in Paragraph Nos.8 & 9 of the impugned order.

2.6 After recording of the evidence of the prosecution witnesses was over, the learned Sessions Court explained to the accused the circumstances appearing against him in the evidence of the prosecution witnesses and recorded his further statement under Section 313 of the Criminal Procedure Code. In his further statement, he denied the case of the prosecution in entirety. According to him, he has been roped in a false case.

2.7 At the end of trial, the learned Sessions Judge convicted the appellant – accused by impugned judgment and order and imposed sentence as stated in Paragraph No.1 of the judgment.

3. Heard learned advocate, Mr. P.V. Patadia for the appellant and learned APP Mr. L.B. Dabhi for the responded – State of Gujarat.

4. Learned advocate for the appellant submitted that the learned Sessions Court has failed to appreciate the evidence available on record in its true spirit. He submitted that to prove the charges leveled against the appellant – accused, the prosecution has examined 14 witnesses. Learned advocate submitted that there are so many omissions, contradictions and improvements found out in the deposition of the said witnesses. Learned advocate has read the depositions of all the witnesses and submitted that certain facts, whic