The need for evidence to prove abetment in cases of suicide.

JUDGMENT :

1. Through the medium of the instant applications, applicants seek bail in FIR No. 87/2020, registered with the Police Station, Bari Brahmana, for offences punishable under sections 304-B/498-A IPC.

2. Co-accused-Geeta Devi has been granted interim bail in the FIR in question by this Court vide order dated 22.06.2022.

3. Brief facts leading to the filing of the present bail applications, as borne out from the pleadings, are as follows :-

4. On 03.05.2022, complainant-Dhurv Singh lodged a written complaint before the Police Station, Bari Brahmana, alleging therein that his daughter-Arti Charak (deceased) was married to Pashotam Singh who along with other accused, namely, Geeta Devi (mother-in-law of deceased), Romi (brother-in-law of deceased), Rekha Charak (sister-in-law of deceased) and Kaka (husband of Rekha Charak) were harassing the deceased after marriage from the very beginning. All the accused were demanding huge dowry from the deceased and also used bad language in a cruel manner. In the complaint it was alleged that deceased came to her parental home and narrated the whole story to all family members. They tried to convince her and called her in-laws to solve the matter, but they refused all things. On 02.04.2022, accused-Parshotam Singh, threatened her on phone in the morning and in the evening, deceased-Arti Charak hanged herself. She was shifted to Medical College, Jammu, where she died.

5. On the basis of the aforesaid written complaint, FIR No. 87/2022 came to be registered at Police Station, Bari Brahmana for offences punishable under sections 304/498-A IPC and investigation commenced. During investigation it came to fore that after marriage of deceased-Arti Charak all the accused named in the complaint were harassing her on account of demand of dowry.

6. Objections as well as latest status report have been filed.

7. A perusal of the status report reveals that as per the statement of the witnesses under section 164 and161 Cr.P.C. offences under section 304-B and 498-A IPC stands deleted and offences under section 306 IPC have been added against the accused persons, namely, Parshotam Singh, Beer Singh, Geeta Devi, Joginder Singh and Rekha Charak, as none of the witness has supported the statement of the complainant regarding Dowry.

8. A perusal of the record further tends to show that applicants earlier moved an application for grant of bail under section 437 Cr.P.C. before Principal Sessions Judge, Samba, however, the same was dismissed with the observation that accused/applicants herein have failed to make out a case for grant of bail in their favour.

9. Mr. Ravinder Gupta, learned AAG appearing on behalf of the official respondent submits that accused/applicants herein, namely, Joginder Singh, Rekha Charak and Beer Singh have been arrested and lodged in District Jail, Kathua on judicial remand. It is stated that Challan against, Beer Singh, Geeta Devi, Joginder Singh, and Rekha Charak has been produced before the Trial Court at Samba on 30.06.2022.

10. Heard learned counsel for the parties and perused the material on record.

11. In the instant case, initially FIR in question was registered for the offences under sections 304-B/498-AIPC, they were taken into custody. They moved to the Court of Principal Sessions Judge, Samba for grant of bail, however, the same was rejected. As per the statement of the witnesses under section 164 and 161 Cr.P.C. offences under 304-B/498-A IPC stands deleted and now offence under section 306 IPC has been added in the instant case. Charge sheet is also stated to have been filed before the Trial Court.

12. The fact that a person commits suicide and previous to that he was assaulted by someone may not automatically lead to a conclusion that they had abetted the commission of suicide. It depends on the mental state of the person who committed suicide. For committing an abetment, the person must do something more than merely assaulting him and to hold whether there was abetment or not