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MANOJ KUMAR GARG
State of Rajasthan – Appellant
Versus
Manohar Singh – Respondent
ORDER :
1. The appellant State has filed the present Criminal Appeal against the judgment dated 29.02.1992 passed by learned Special Judge, Women Attrocities Cases, Jodhpur in Sessions Case No. 55/1990 whereby the accused respondent has been acquitted from the offences under Section 306 IPC.
2. Brief facts of the case are that the complainant lodged a written complaint before the S.H.O, Police Station Khanda Falsa with the allegation that his daughter Pushpendra was married to respondent Manohar Singh and the respondent even prior to marriage, was having illicit relationship with his niece Mahendra. The deceased found the letters exchanged between the accused respondent and Mahendra, therefore, the accused started torturing his daughter and she committed suicide. On this report a FIR No. 45/1982 was registered against the respondent for offence under Section 306 IPC. After investigation, challan was presented against the respondent before the competent court.
3. The trial Court framed charge against the accused respondent for offence under Section 306 IPC. The accused respondent denied the charges and claimed to be tried.
4. The prosecution in support of its case recorded statements of
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, mere allegations of harassment are insufficient.
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.
The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.
The central legal point established in the judgment is that to prove abetment of suicide under Section 306 IPC, there must be evidence of instigation or active facilitation of the suicide, and mere a....
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit sui....
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
The prosecution must prove beyond reasonable doubt that the accused's conduct amounted to 'cruelty' leading to the victim's suicide, which was not established in this case.
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