Prosecution must establish clear intent and mens rea for abetment of suicide; mere allegations of harassment are insufficient for conviction under IPC.

JUDGMENT :

GITA GOPI, J.

1. By the judgment dated 26.12.2005, the Additional Sessions Judge, Banaskantha at Deesa in Sessions Case Nos.30 of 2004 and 69 of 2004, convicted the present three appellants under Sections 498A and 306 read with Section 114 of the INDIAN PENAL CODE (for short “IPC”) and sentenced them for one year rigorous imprisonment for the offence under Section 498A and a fine of Rs.500/- each and in default of payment of fine further one month simple imprisonment, and for the offence under Section 306 of IPC, the appellants were sentenced to undergo rigorous imprisonment for five years and a fine of Rs.1,000/- each and in default thereof, to undergo a further simple imprisonment for three months.

2. The trial under Sections 498A, 306 read with Section 114 of IPC was against five accused. Godavariben (A3) – the mother/ mother-in-law and Kailashben (A4) – sister/sister-in-law were acquitted, while Shardaben (A1), Jasiben (A2) and Kokilaben (A5), present appellants as sisters and sisters-in-law were convicted.

2.1 The complainant - Hiralal Naranlal Thakkar, resident of village Shihori filed FIR before Deodar Police Station on 06.11.2003 for the alleged commission of offence punishable under section 498A and 306 read with Section 114 of IPC.

2.1.1 Common charge, for the Sessions Case No.30 of 2004 and on supplementary charge sheet being filed, for Sessions Case No.69 of 2004, was framed on 09.09.2004 by Additional Sessions Judge, Banaskantha at Deesa.

2.1.2 The charge levelled against them were with the fact that deceased Prafulkumar and deceased Meenaben had married two years ago and from the beginning of the marriage all the accused started mentally and physically harassing deceased Meenaben @ Tinaben and therefore, both the deceased started residing in the rented house of the ownership of Thakkarbhai Kanubhai at Deodar and there too, by visiting the house, all the accused had mentally harassed both the deceased and had slapped Prafulkumar on the road. All the accused had often mentally and physically harassed both the deceased and therefore, had committed the offence under section 498A read with section 114 of the IPC.

2.1.3 Further, at the referred place and time, because of the constant physical and mental cruelty of the accused both the deceased finding no other alternative committed suicide, on 05.10.2003 at about 11.00 hours by pouring kerosene on their body, ablazed themselves thus, the accused were charged for abetment of suicide under Section 306 read with Section 114 of the IPC.

2.2 The complainant is the father of deceased Tinaben @ Meenaben, who married deceased Prafulkumar Ishwarbhai Thakkar on 09.12.2001, who was the only brother of the present appellants. It is stated that Tinaben and her husband Prafulkumar both committed suicide on 05.10.2003 in the rented house at 11.00 p.m., and the incident was informed to the Deodar Police Station on 06.10.2003 at about 1.30 a.m. by their relative Kishorebhai Thakkar, thereafter Accidental Death Report No.8/2003 was given under section 174 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). The complainant and the witnesses were present at the hospital, and though the Investigating Officer had tried to get the statement recorded, none got their statement recorded nor registered the FIR. Thereafter the FIR was registered by the complainant after a delay of 31 days of alleged incident.

2.3 After completion of the investigation, charge sheet came to be filed and thereafter a supplementary charge sheet was also filed and therefore, two Sessions Case Nos.30 of 2004 and 69 of 2004 were registered. After framing of charge below Exh.7 the prosecution examined 16 witnesses and the defense had also examined 5 witnesses.

3. Learned advocate Mr. Mehul Sharad Shah has submitted that that the entire case of prosecution is based on the testimonies of partisan witnesses i.e. father, mother, brother, sister-in-law and sister of deceased Tinaben, they had no personal knowled