The central legal point established in the judgment is the requirement of mens rea and evidence of instigation to constitute the offence of abetment of suicide under IPC 306.

JUDGMENT

(Prayer: Criminal Appeal filed u/s.374 of the Code of Criminal Procedure against the judgment dated 22.01.2016 passed by Sessions Judge, Fast Track Mahila Court, Nagapattinam, in S.C.No.101 of 2015.)

1. This Criminal Appeal has been filed against the judgment and order passed in S.C.No.101 of 2015 by the Sessions Judge (Fast Track Mahila Court), Nagapattinam, dated 22.01.2016, convicting the appellants for offence u/s.306 IPC and sentencing each of them to undergo 7 years rigorous imprisonment and to pay fine of Rs.5,000/-, in default, to undergo one year rigorous imprisonment.

2. The case of the prosecution is that

2.1. The appellants herein [A1 and A2] are husband and wife. The deceased Geetha was living in the opposite house along with her children [PWs.3 and 7]. There seems to be a long standing dispute between A2 and deceased since A2 suspected that the deceased Geetha had an illicit intimacy with her husband A1. Hence, on many occasions, A2 seems to have abused deceased Geetha in this regard. On 29.12.2013, at about 08.00 p.m., A2 seems to have abused deceased Geetha in filthy language and A1 was also present when this incident took place. Ultimately, both of them asked deceased Geetha to go and die rather than live a life like this. The deceased Geetha poured kerosene on herself and set herself on fire.

2.2. This news reached the brother of the deceased [PW-1], who immediately took steps to take the deceased Geetha in 108 ambulance to Government hospital at Mayiladuthurai. At that point of time, the deceased Geetha had told PW-1 as to how she was abused by the accused persons and why she resorted to take the extreme step. The deceased Geetha was referred to Medical College Hospital, Thanjavur, for further treatment.

2.3. PW-5, doctor, gave first aid treatment to the deceased Geetha at Government hospital, Mayiladuthurai. Ex.P3 is the Accident Register, which was prepared by PW-5. The doctor has stated that the deceased Geetha suffered 75% burn injuries and she referred the deceased for further treatment to the Government College and Hospital at Thiruvarur.

2.4. When the deceased Geetha was given treatment at Government hospital, Mayiladuthurai, a requisition was sent to the Judicial Magistrate to record the dying declaration. On receipt of the information, the Judicial Magistrate [PW-4] came to the hospital and recorded the dying declaration. Before proceeding to record the dying declaration, one Dr.R.Mahendran certified the mental status of the deceased and he found the deceased to be in a fit state of mind to give the declaration. That apart, PW-4 also assessed the mental status of the deceased and proceeded to record the dying declaration. The dying declaration has been marked as Ex.P2 and the relevant portion in the dying declaration recorded by PW-4 is extracted hereunder:

2.5. The police was informed about this incident and hence, statement of the deceased Geetha, in the nature of a dying declaration was recorded by PW-13 and this statement was marked as Ex.P6. Based on this statement, a First Information Report [Ex.P7] was registered in Crime No.224 of 2013 on 30.12.2013 at about 08.00 a.m. (the date of First Information Report has been wrongly mentioned as 29.12.2013).

2.6. The investigation was taken up by PW-14, Sub-Inspector of Police and he went to the scene of crime and prepared the observation mahazar marked as Ex.P4 and the rough sketch marked as Ex.P8. He also recorded the statement of the deceased u/s.161(3) Cr.P.C. and this statement was marked as Ex.P9. Since it was in the nature of a dying declaration, this statement was taken as the third dying declaration of the deceased Geetha. PW-14 also recorded the statements of witnesses, who were present at the time of preparation of observation mahazar and inquest report. Thereafter, PW-14 handed over the case dairy to PW-15, Inspector of Police, for f