The prosecution must prove essential elements of abetment in suicide cases; mere allegation of past harassment is insufficient for a conviction under Section 306 RPC.

JUDGMENT :

RAJNESH OSWAL, J.

1. This criminal acquittal appeal emerges out of the judgment dated 19.02.2013 passed by the court of learned 1^st Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in case titled “State of J&K Vs. Girdhari Lal and others” whereby the sole surviving respondent and the deceased respondents were acquitted by the learned trial court of the charge for the commission of offence under Section 306 RPC.

2. The judgment has been assailed by the appellant on the ground that the learned trial court has not properly appreciated the evidence brought on record by the prosecution and has acquitted the accused/respondents erroneously.

3. Mr. Pawan Dev Singh, learned Dy. AG submitted that the prosecution has proved the case against the respondents beyond any reasonable doubt but the learned trail court by wrongly appreciating the evidence acquitted the respondents.

4. Mr. Arun Singh, learned counsel for the respondents submitted that there was no evidence against the respondents that warranted the conviction of the respondents for the commission of offence under Section 306 RPC, as the essential ingredients constituting the offence under Section 306 RPC were not proved by the appellant.

5. Heard and perused the record.

6. The case projected by the prosecution is that on 05.09.2013 the complainant i.e. PW-1 Pritam Chand lodged a written report with the Police Station, R.S. Pura stating therein that he had solemnized the marriage of his daughter-Banso Devi with Girdhari Lal-accused R/o Kotli, Shah Daula, Tehsil, R.S. Pura, District Jammu seven years ago and out of the said wed-lock, three children were born. After the marriage, the husband, mother in law and father in law of the deceased started beating and abusing her for not bringing sufficient dowry. She was harassed and because of the harassment she was very disturbed. She used to narrate the incidents to his wife (complainant’s wife) whenever she used to come to his home. He tried to counsel the in- laws of his daughter, but they did not mend their attitude and continued to harass her and because of that harassment she committed suicide by setting herself ablaze by pouring kerosene oil upon her.

7. On receipt of this report, FIR bearing No. 185/2003 for commission of offence under Section 306 RPC was registered with Police Station, R. S. Pura against the respondent and his parents (now deceased). The investigation was handed over to I.O Charan Singh, who after recording the statements of the witnesses and obtaining the post mortem report, laid the charge-sheet against the respondent and his parents for the commission of offence under Section 306 RPC before the learned Additional Judicial Magistrate 1^st Class (JMIC), R.S. Pura and the same was committed to the court of learned Principal Sessions Judge, Jammu, who transferred the charge-sheet to the learned trial court vide order dated 04.05.2006. The charge against the accused and his parents was framed for the commission of offence under Section 306 RPC and the prosecution was directed to lead evidence. The prosecution examined all the witnesses. The respondent did not lead any evidence. The learned trial court after hearing the parties acquitted the respondent and his parents vide judgment dated 19.02.2013. It needs to be noted that the parents of the respondent expired during the pendency of this appeal.

8. In order to appreciate as to whether the opinion formed by the learned trial court while acquitting the respondent and his parents on the basis of evidence led by the prosecution is possible or not, it is necessary to have a brief resume of the relevant portion of the prosecution evidence.

9. PW 1-Preetam Chand (Complainant-Father of the deceased) stated that the deceased resided normally for one year after marriage with the respondents, but thereafter, the accused started demanding dowry. She used to tell him about the same. The accused used to insult his daughter. He also t