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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
State of Himachal Pradesh – Appellant
Versus
Sunil Kumar – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant-State under Section 378 of the Code of Criminal Procedure (Cr.PC) against the judgment dated 25.02.2015, passed by learned Additional Sessions Judge, Hamirpur, HP, in Sessions Trial No.2 of 2014, whereby the accused persons, namely Sunil Kumar and Sanjay Kumar, were acquitted of the commission of offences punishable under Sections 498-A and 306, read with Section 34 of the Indian Penal Code (for short “ IPC ”).
2. Brief facts giving rise to the present appeal, as per the prosecution story, are that on receipt of a telephonic information from the Medical Officer, CHC, Barsar on 15.09.2013 to the effect that one Pooja Devi, wife of Sunil Kumar had been brought to the hospital with an alleged history of consumption of some poisonous substance, the police visited the hospital and moved an application to the Medical Officer to record the statement of Pooja Devi, but she was found unfit to make the statement and after sometime, she had expired. The police procured MLC of the deceased alongwith sample of gastric lavage and thereafter her dead body was taken to Regional Hospital, Hamirpur for postmortem. Duri
In appeals against acquittal, the prosecution must prove guilt beyond reasonable doubt, and mere allegations of harassment do not suffice for conviction under Section 306 IPC.
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.
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.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
The court emphasized that mere allegations of harassment are insufficient for conviction under IPC Sections 306 and 498-A; clear evidence of instigation is necessary.
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....
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
Appeal against acquittal – When two views are possible, judgment and order of acquittal passed by trial Court should not be interfered with by Appellate Court unless for special reasons.
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