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2016 Supreme(HP) 1790
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sanjay Karol & Ajay Mohan Goel, JJ.
State of Himachal Pradesh – Appellant
Versus
Dharamveer @ Kaku – Respondent
Cr. Appeal No. 334 of 2010
Decided On : 07-10-2016
For the Appellant : Mr. Vikram Thakur and Mr. Puneet Rajta
For the Respondent: M. N.K. Thakur, Ms. Jamuna Kumari
The necessity of proving the accused's intention to aid or instigate the deceased to commit suicide, and the caution required in relying solely on expert opinions.
Headnote:
Suicide - Indian Penal Code - Section 306 - Summary of Acts and Sections: The court discussed the suicide note allegedly written by the deceased, the testimony of prosecution witnesses, and the principles of abetment under Section 306 of the Indian Penal Code. The court highlighted the necessity of proving the intention of the accused to aid or instigate the deceased to commit suicide and emphasized the caution required in relying solely on expert opinions.
Fact of the Case:
The deceased was alleged to have committed suicide, and the accused was charged under Section 306 of the Indian Penal Code. The prosecution presented a suicide note allegedly written by the deceased, but the court found that the evidence did not establish beyond reasonable doubt that the accused had abetted the suicide.
Finding of the Court:
The court found that the prosecution failed to prove the necessary nexus between the accused's actions and the commission of the offense. It also highlighted the absence of explicit acts of abetment on the part of the accused, as well as the lack of intention to aid or instigate the deceased to commit suicide.
Issues: The key issues revolved around the authenticity of the suicide note, the testimony of prosecution witnesses, and the establishment of the accused's intention to abet the suicide.
Ratio Decidendi: The court emphasized the necessity of proving the accused's intention to aid or instigate the deceased to commit suicide, as well as the caution required in relying solely on expert opinions. It also highlighted the absence of explicit acts of abetment on the part of the accused.
Final Decision: The court upheld the judgment of acquittal passed by the trial court and dismissed the appeal, finding no perversity in the trial court's findings.
Ajay Mohan Goel, J.
By way of this appeal, State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Una, in Sessions Case No. 13 of 2009 dated 19.12.2009, vide which, learned trial Court acquitted the accused for commission of offence punishable under Section 306 of Indian Penal Code.
2. The case of the prosecution in brief was that deceased Rekha Rani, who was resident of village Pandoga reached Police Post, Pandoga, on 26.06.2008 at 1.00 P.M. after having consumed some poisonous substance and one constable and PW-11 Bhupinder Dogra rushed her to PHC Bhadsali. Keeping in view her precarious condition, she was immediately referred to Regional Hospital at Una, where she was examined by PW-14 Dr. Vipan Chander Sharma, however, she unfortunately died on the same day. Her uncle PW-15 Dharam Singh who was the only person available at home came to know from a police constable that one girl who was taking name of his brother Gurmeet Singh had consumed some poison and was at Police Post Pandoga. Further as per prosecution, by the time PW-15 Dharam Singh reached the Police Post, Rekha Rani had been shifted to PHC Bhatsali, from where she had been further sifted to Regional Hospital, Una and he accompanied the deceased. This fact was conveyed to her father by PW-15. He also asked father of the deceased not to come to the hospital. Further as per prosecution, when PW-15 reached home, father of deceased PW-1 Gurmeet Singh showed him a letter which was found lying in the backside of his house. This letter Ext. PW1/A was stated to have been scribed by the deceased. Statement of PW-1 was recorded under Section 154 Cr.P.C. on the basis of which First Information Report Ext. PW15/A was registered at Police Station Haroli. Accused was arrested on the same date. Letter Ext. PW1/A was seized vide seizure memo Ext. PW1/C. Autopsy report of the deceased was collected by Investigating Officer and during the course of investigation, PW-20 HC Ravinder Singh collected the admitted handwriting of the deceased and the extract of register maintained in the Co-operative Society, Pandoga, which bore the signatures of the deceased vide Ext. PW1/F. As per postmortem report Ext. PW13/C, deceased had died due to Phosphide Gas poisoning. Report of Assistant Director, FSL, Junga, stated that the signatures and the admitted handwriting of the deceased and the letter Ext. PW1/A was written by one and the same person.
3. After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 306 of Indian Penal Code, to which, he pleaded not guilty and claimed trial.
4. On the basis of material produced on record by the prosecution, learned trial Court held that in the absence of proof of the ingredients of Section 306 I.P.C., it could not be concluded with certainty and beyond reasonable doubt that the accused had abetted the commission of suicide by the deceased. Learned trial Court further held that necessary nexus between the acts attributed to the accused and the commission of the offence were lacking. On these grounds, learned trial Court acquitted the accused.
5. We have heard learned counsel for the parties and have also gone through the records of the case as well as judgment passed by learned trial Court.
6. In the present case, Ext.PW1/A is the alleged suicide note which as per prosecution was written by the deceased. A perusal of the said suicide note which as per prosecution is also the dying declaration of the deceased is to the effect that the accused was for sometime harassing her and often the accused used to block her way. It was further mentioned in the said suicide note that the accused used to harass the deceased by saying that the deceased had said yes to him and she used to come to meet the accused during night time. It was further mentioned in the suicide note that when her uncle came
