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2022 Supreme(Ker) 818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. Ajithkumar, J.
Meamana Baby, S/o. John Erumatheruvil – Appellant
Versus
State Of Kerala – Respondent
Crl. A. No. 589 Of 2006
Decided On : 18-11-2022
For the Appellant : Sri. Jacob Abraham, S. Rajeev, K.K. Dheerendrakrishnan, V. Vinay, M.S. Aneer, Sarath K.P. Kochumol Koduvath.
For the Respondent: Sri. Vipin Narayan, Public Prosecutor.
Point of Law: for constituting an offence under Section 306 of the IPC the prosecution must establish firstly that a suicide has been committed, and secondly that the person who is said to have abetted the commission of suicide, has played an active role in the same with such a mens rea.
Headnote:
Indian Penal Code, 1860, Section 306, Section 357(1) - Code of Criminal Procedure, 1973 - Section 374(2)- Abetment of suicide — Necessary ingredients to constitute an offence under Section 306 of the I.P.C.- Prosecution must establish firstly that a suicide has been committed, and secondly that the person who is said to have abetted the commission of suicide, has played an active role in the same with such a mens rea. (Para 26,27)
Findings of the Court:
Evidence tendered by the prosecution does not prove none of the circumstances proposed to be proved for establishing the guilt of the appellant. The learned Sessions Judge did not consider the evidence in its proper perspective. Instead, on a peremptory consideration of the evidence, a conclusion that the appellant had instigated Smt.Lissy Thomas to commit suicide was arrived at-suspicion, however, grave it may be; cannot take the place of proof. There is a total lack of proof to establish the guilt of the appellant. Therefore, I find that the conviction and sentence of the appellant are liable to be set aside. I do so. The appeal is allowed. The appellant is acquitted and he is set at liberty.
Result: Appeal allowed
JUDGMENT :
1. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973. The 1st accused in S.C.No.137 of 2000 of the Additional Sessions Court (Adhoc-II), Kalpetta is the appellant. He challenges the judgment dated 14.03.2006 whereby he was convicted for an offence punishable under Section 306 of Indian Penal Code, 1860. He was sentenced to undergo simple imprisonment for five years and to pay a fine of Rs.50,000/- and in default of payment of fine, to undergo simple imprisonment for one year. If the fine amount is realised, the same shall be paid to the father of the deceased under Section 357(1) of the Code.
2. Brief facts of the case are that,- Smt.Lissy Thomas, daughter of PW1 was aged 28 years and employed as a Pharmacist in the Government Health Centre, Pozhuthana. She had a promising career. She was engaged to PW2 Ansal, who also was a promising youngster employed as a clerk in the KSRTC. They were looking forward to have a happy and peaceful married life. But the appellant had a different game plan. He had illicit intimacy with Smt.Lissy Thomas and with a view to satiate his wishes, he with the aid and connivance of accused 2 and 3, made every endeavour to spoil the proposed marriage between Smt.Lissy Thomas and PW2. The appellant with the help of accused Nos. 2 and 3 lured Smt.Lissy Thomas and took her to Mysore, where they stayed in Room No.6 of Chirag Hotel. On 01.09.1990, Smt.Lissy Thomas committed suicide by hanging inside the said room. Tormentation and torture on account of the pressure mounted on Smt.Lissy Thomas by the appellant to continue the relationship and her anxiety on the obvious consequence of spoiling her proposed marriage with PW2, impelled her to commit suicide. She, therefore, after leaving Ext.P5 suicide note, hanged herself. Thus abetment by the appellant resulted in Smt.Lissy Thomas committing suicide at room number 6 in Chirag Hotel, Mysore. This is the case unfolded from the materials placed by the prosecution before the court, which led to the conviction and sentencing of the appellant.
3. PW1 reached the Police Station, Vythiri on 03.09.1990 and submitted Ext.P1 complaint to PW7, the Sub Inspector stating that her daughter was missing. A crime was registered for missing of a woman on the basis of the complaint as per Ext.P12, FIR by PW7. On 02.09.1990, PW3, the Manager of Chirag Hotel, Mysore gave Ext.P6 complaint before the Sub Inspector of Police, Nazarbad Police Station. PW3 lodged Ext.P6 complaining that a woman was found hanging inside room No.6 of his hotel. PW5, the Sub Inspector in that police station, went to the hotel and found in room No.6 Smt.Lissy Thomas hanging on the ceiling fan using a saree. An inquest report of the body was prepared by PW5. Body was sent for postmortem and Ext.P10 is the autopsy report. He noticed Ext.P5 suicide note and Ext.P4 diary inside the room. Since the address of the deceased was available in Ext.P5, he sent a policeman to that address and accordingly the presence of PW1 was procured. After necessary formalities, the body was entrusted with PW1.
4. On getting information regarding the suicide of Smt.Lissy Thomas, PW7, the Sub Inspector of Police, Vythiri Police Station, initiated investigation for offences under Sections 306 and 366 of the I.P.C. The appellant and co-accused were arraigned. After necessary investigation, PW10 lodged charge before the Chief Judicial Magistrate, Kalpetta. The matter was committed by the learned Magistrate and the Sessions Court in turn made the case to the Additional Sessions Judge (Adhoc-II), Kalpetta who held trial in the matter. The trial culminated in conviction of the appellant for the offence under Section 306 of the I.P.C.
5. On 15.03.2006, the appeal was admitted. The sentence was suspended and the appellant was released on bail on conditions.
6. Heard the learned counsel appearing for the appellant and the learned Public Prosecutor.
7. The evidence brought on record through PWs.1, 2,
