Abetment of suicide requires direct evidence of incitement or provocation near the time of the act, rather than merely historical instances of harassment or cruelty.

JUDGMENT :

GITA GOPI, J.

1. Six appellants had challenged the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Valsad on 29.8.2003 in Sessions Case no.59 of 2002 (Old Sessions Case no.119 of 1995). The trial was under Sections 498A, 304B, 306 and 114 of the INDIAN PENAL CODE , 1860 (IPC).

2. Accused no.1-Lavjibhai Sukhabhai Gohil, accused no.2 – Govindbhai Lavjibhai Gohil, accused no.3- Bharatbhai Lavjibhai Gohil, accused no.5 – Bhanuben wife of Maganbhai Muljibhai, accused no.6 – Maltiben wife of Bharatbhai Lavjibhai Gohil were convicted under Section 498A IPC and sentenced for the simple imprisonment for two years and fine of Rs.1,000/- with a default stipulation of three months simple imprisonment. Accused no.4 – Naniben wife of Lavjibhai Sukhabhai Gohil convicted under Section 498A IPC was sentenced for one year simple imprisonment and fine of Rs.500/- and in default of payment of fine, one month simple imprisonment.

2.1 For offence under Section 306 IPC, accused no.1-Lavjibhai Sukhabhai Gohil, accused no.2 – Govindbhai Lavjibhai Gohil, accused no.3- Bharatbhai Lavjibhai Gohil, accused no.5 – Bhanuben wife of Maganbhai Muljibhai and accused no.6 – Maltiben wife of Bharatbhai Lavjibhai Gohil were sentenced for seven years imprisonment with a fine of Rs.1,000/- and in default of payment of fine, three months simple imprisonment. Accused nos.1, 2 and 3 were ordered to suffer rigorous imprisonment, while accused nos.5 and 6 to undergo simple imprisonment.

2.2 The conviction under Section 304B IPC was ordered against accused no.4 – Naniben wife of Lavjibhai Sukhabhai Gohil and sentenced to undergo three years simple imprisonment with fine of Rs.500/-, in default of payment of fine, one month simple imprisonment.

2.3 All the sentences were ordered to run concurrently, and further the learned Trial Court granted set off under Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

2.4 The learned Trial Court Judge only found accused no.4 guilty of offence under Section 304B IPC, while no such offence was found against rest of the accused and in the same way, no offence was found under Sections 498A and 306 IPC against the accused no.4 – mother-in-law.

3. During the course of hearing, by an order dated 30.1.2020, the appeal of appellant/accused no.1– Lavjibhai Sukhabhai Gohil, appellant/accused no.2 - Govindbhai Lavjibhai Gohil and appellant/accused no.4 – Naniben wife of Lavjibhai Sukhabhai Gohil, came to be abated since deceased. Thus, by that order, the appeal of father-in-law, mother-in-law and husband came to be abated.

4. Now the present appeal would be confined for appellants no.3, 5 and 6, as accused nos.3 and 6 of the trial are younger brother-in-law (Diyar) and sister-in-law (Derani), while accused no.5 is sister-in-law (Nanand) of the deceased.

5. The deceased – Ushaben, wife of Govindbhai Lavjibhai Gohil and daughter of Motibhai Bhanabhai Gohil, was married to accused no.2. She was teacher in High School, Dungri. As per the evidence, accused no.2 - Govindbhai Lavjibhai Gohil, husband of the deceased was also a teacher in G.V.D. High School.

6. Dead body of Ushaben, along with two and a half year daughter–Amisha, were found floating in the well. The complainant was informed about death of Ushaben by two persons who had come on the motorcycle and therefore, the complainant, Pravin, Girish, PW4 – Dharmishthaben - sister- in-law (Bhabhi) and PW5 – Hansaben Kiritbhai, (sister-in-law) of the deceased, went to Lilapore to the