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2018 Supreme(Jhk) 1220
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Satyajeet Aich Roy & Ors. - Appellants
Versus
The State of Jharkhand - Respondent
Cr. Appeal (SJ) No. 46 of 2006
Decided On : 26-06-2018
Advocate Appeared:
For the Appellants : Mr. Chandrajit Mukherjee
For the State : Mr. Shekhar Sinha
The judgment emphasizes that the nature of cruelty must be considered in cases of alleged abetment of suicide, and a cause-and-effect relationship between the cruelty and the suicide must be established.
Headnote:
306/34 - Dowry Demand - Indian Penal Code - Section 306/34
Fact of the Case:
The deceased was married to the appellant-accused and faced dowry demands. She was found dead in a well, leading to the appellant-accused being charged under section 306/34 of the Indian Penal Code.
Finding of the Court:
The court found that there was no specific evidence of cruelty or assault by the appellant-accused, and the evidence was of a general and omnibus nature. The court also considered the impotency of the husband as a potential cause of the deceased's suicide.
Issues: The issues revolved around the alleged dowry demands, cruelty, and assault by the appellant-accused, as well as the impotency of the husband and its impact on the deceased.
Ratio Decidendi: The court emphasized that the mere fact of cruelty does not automatically give rise to the presumption of abetment of suicide, and the nature of the cruelty must be considered. The court also highlighted the importance of examining all circumstances of the case and the need for a cause-and-effect relationship between the cruelty and the suicide.
Final Decision: The court acquitted the appellants of the charges under Section 306/34 of the Indian Penal Code, citing the lack of specific evidence of cruelty and the potential impact of the husband's impotency on the deceased's suicide.
Heard learned counsel for the appellants and learned Addl. P.P. for the State.
2. This appeal is directed against the Judgment of conviction dated 24.11.2005 and Order of sentence dated 26.11.2005 passed by the Additional Judicial Commissioner-XII, Ranchi, in Sessions Trial No.431 of 2001 whereby and where under, the appellants have been held guilty for the offence punishable under section 306/34 of the Indian Penal Code and have been sentenced to undergo R.I. for 5 years with fine of Rs.1000/-.
3. The case of the prosecution in brief as unfolded in the fardbeyan of the informant is that the deceased-Arpana Sen Gupta married the appellant-accused no.1- Satyajeet Aich Roy on 12.03.1999 and as per the demand from the groom side, cash, clothes and jewelry etc. were presented. After the marriage of the deceased with the appellant no.1, he used to visit the house of the informant who is the father of the deceased with the appellant-accused-Surjeet Aich Roy, who is the younger brother of the appellant-accused no.1 - Satyajeet Aich Roy. About six months after the marriage, the appellant-accused no.1 - Satyajeet Aich Roy made a dowry demand of scooter and T.V. When the informant expressed his inability to meet the said demand, the deceased used to remain unhappy and used to tell that she was being tortured in connection of demand of dowry. Once the deceased intimated the informant that there is threat to her life and the informant brought her to his house and later on he sent the deceased with the appellant-accused no.1 - Satyajeet Aich Roy to go to his house. On 08.08.2000, the appellant-accused-Surjit Aich Roy @ Bulli intimated the informant over the phone of his neighbor namely Sujeet Kesri that his mother is seriously ill and getting that information on next day at about 07:00 A.M., the informant and others went to the house of the appellant-accused persons situated at Harmu and on reaching there they got the information that the deceased-Arpana Sen Gupta was missing from their house since about 08:00 P.M., the previous evening. By 12:00 noon, the dead body of the deceased was found from a well and claiming that the appellant-accused persons by torturing has abated the commission of suicide by the deceased- Arpana Sen Gupta, the informant approached the police. Police recorded the fardbeyan of the informant, basing upon which Doranda P.S. Case No. 162 of 2000 was registered and police took up investigation of the case.
4. After completion of investigation, police submitted final form against the appellant-accused persons. Upon commitment of the case to the court of session charge for the offence punishable under section 306/34 was framed against the appellant-accused persons to which they pleaded not guilty. Upon which the appellant-accused persons were put to trial. In support of its case, prosecution altogether examined 14 witnesses. The prosecution also proved the documents. In their defence, the appellant-accused persons examined one witness and also proved the letter dated 08.08.2000, written in the post card by the informant which was marked as Ext. A.
5. Out of 14 witnesses examined by the prosecution, P.W.1-Archana Sen Gupta and P.W.2-Bharti Sen Gupta are the sisters of the deceased. They stated that the occurrence took place on 10.08.2000. They also stated about the marriage of the deceased with the appellant-accused person no.1 - Satyajeet Aich Roy and at the time of marriage, on the demand of the groom side Rs.30,000/- cash, clothes, gold jewelry etc. were presented. The deceased was happy for six months in her in-law’s house. After that, the appellant-accused persons made the dowry demand of scooter and colour T.V. which their father could not meet because of his poor financial condition. The appellant-accused persons dropped the deceased in the house of her father and after two months, the deceased again went to the house of the appellant-accused persons. The deceased used to tell the P.W.s that because of non-f
