For a conviction under Section 306 IPC, there must be clear evidence of instigation or intentional aid to the victim in committing suicide, which was not established in this case.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant criminal appeal has been filed against the judgment and order dated 10.04.2018 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur in Sessions Case No. 171/2015 whereby, the learned Judge convicted the petitioner for offence under Section 306 IPC and sentenced him to undergo seven years rigorous imprisonment with fine of Rs. 50,000/- and in default of payment of fine, to further undergo one year simple imprisonment.

2. Brief facts of the case are that a written report was filed by the complainant Smt. Bhanwari Bai W/o Dhula ji stating therein that her daughter Mohini was married to Raju S/o Dallaji. Their marriage took place about 14 years ago and out of the said wedlock three children were born. The complainant alleged that Raju frequently subjected his daughter to physical abuse, particularly when under the influence of alcohol. On 10.06.2015, she received an information that slippers of some lady were lying near the well of Mangi lal Patel. Upon inquiring about the whereabouts of her daughter, Smt. Bhanwari Bai learned from her granddaughters that their father had physically assaulted their mother the previous night, prompting her to leave the home and subsequently fail to return. It is alleged that daughter of the complainant may have taken her own life by jumping into the well.

3. On the basis of said report, the police registered FIR No. 324/2015 for offence under Section 306 IPC and commenced investigation. After investigation, the police filed challan against the present petitioner for offence under Section 306 IPC. Thereafter, the case was committed to the court of learned Additional Sessions Judge (Women Atrocities Cases), Udaipur whereby, arguments on the charge were heard. Thereafter, the learned Judge ordered to frame charges against the petitioner for offences under Sections 306 IPC.

4. The prosecution in its support examined fifteen witnesses in all and exhibited various documents. The statement under Section 313 Cr.P.C. was recorded who examined three witnesses on the defence side.

5. Learned counsel for the appellant vehemently argued that no offence under Sections 306 of IPC is made out against the petitioner as there is no evidence pointing out complicity of the petitioner in commission of offence. It is argued that the marriage took place about 14 years ago and out of said wedlock, three children were born and they were living in joint family. The complainant, mother of deceased has levelled casual and omnibus allegations with regard to harassment but did not state anything concrete to establish abetment to commit suicide. In her statement, during cross-examination she has admitted that she never saw deceased and appellant quarrelling and she does not know as to why she committed suicide by jumping into the well. It is further argued that as per postmortem report, the cause of death of Mohini was ante-mortem drowning and no injuries were found on her body which can establish that deceased was beaten by accused. Therefore, it cannot be said that the appellant instigated or aided the commission of suicide. It is therefore, prayed that the conviction and sentence passed against the accused appellant may be set aside.

6. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. It is argued that the cumulative behaviour of the accused towards the wife compelled the deceased to commit suicide. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case.

7. I have thoughtfully considered the arguments advanced on behalf of the parties and perused the material available on record.

8. From the perusal of FIR and documents on record, the allegation against the present appellant is that he harassed and tortured the deceased Mohini, due to which she committed suicide. At