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G. JAYACHANDRAN
A. Alagar Konar – Appellant
Versus
State rep. by The Inspector of Police, Steel Plant Police Station – Respondent
JUDGMENT :
Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to call for the records pertaining to the judgment dated 10.09.2013 made in S.C.No.71/2012 on the file of the learned Mahila Court Judge, Salem and set aside the same.
The appellants 1 and 2 are the mother and father of the 3rd appellant. On receipt of the complaint dated 29/09/2010 from Tr.Muthu Ramalingam, the father of the deceased Rupa Devi, a case in Crime No.292/2010 was registered at the Salem Steel Plant Police Station and investigated. On completion of investigation, final report filed alleging, Rupa Devi committed suicide by hanging on 29/09/2010 at about 6.00 a.m. in her house at door No.63, Steel Plant Gangai Nagar, Salem. The day before the incident the Appellants 1 and 2 scolded the third appellant for living with a barren lady, who is incapable to begot a child for him. The third appellant beaten her and physically caused cruelty in the public. The deceased on being attacked and humiliated in the public unbearable of the cruelty, on the next day morning committed suicide. Thus, the alleging father-in-law, mother-in-law and the husband of the deceased, (A-1 to A-3 respectively) caused men
To convict under Section 306 IPC, there must be clear evidence of active instigation or facilitation of the suicide by the accused, which was not established in this case.
Cruelty – Every harassment does not amount to cruelty – What constitutes cruelty for one person may not constitute cruelty for another person.
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
In order to establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused had instigated or aided the deceased to commit suic....
The prosecution must prove the charges beyond reasonable doubt, and the absence of mens rea or guilty motive to instigate or abet the victim is crucial in cases of abetment of suicide.
Vague allegations of ill-treatment do not constitute legal cruelty under IPC; a clear causal link between accused's actions and victim's suicide must be established.
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