IMPORTANT POINT
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aiding by the accused, which was not present in this case. Mere refusal to marry does not constitute abetment.

JUDGMENT:

(Order of the Court was delivered by SUNDER MOHAN, J.)

This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him vide judgment dated 02.12.2021 in Spl.S.C.No.3 of 2020 on the file of the learned Principal Sessions Judge, Tiruppur.

2 (i) It is the case of the prosecution that the appellant and the deceased knew each other and they were in a romantic love relationship for about four years before the occurrence; that the deceased was studying in Arts College and belonged to Hindu, Mathari, a Scheduled Caste; that the accused belonged to Hindu, Boyar, which falls under MBC category; that on 03.11.2019 at about 8.30 p.m, the deceased along with her mother, her uncle, sister and grandmother, were proceeding towards the house of the appellant to request him to marry the deceased; that the appellant came in the opposite direction and the deceased requested the appellant to speak to her mother regarding the marriage; that the appellant insulted and humiliated her by uttering her caste name in a public place; that unable to bear the humiliation and insult, the deceased ran to her house and committed suicide at about 8.45pm by pouring kerosene and setting herself ablaze; and that she sustained grievous injuries and succumbed to the said injuries on 08.11.2019, inspite of treatment.

(ii) It is the further case of the prosecution that PW1, PW2, and PW8, the mother, uncle, and sister of the deceased respectively saw the deceased rushing to her house and locking herself inside her room; that they banged on the door and requested the deceased to open the door; that when she refused to do so, they broke open the door and took the deceased to the hospital in an ambulance for treatment; that she died on 08.11.2019 i.e. five days after the occurrence.

(iii) On the request of PW13 Doctor, PW16-the learned Judicial Magistrate No.VII, Coimbatore, recorded the dying declaration of the deceased (Ex.P14), in his presence, who had certified that the deceased was in a conscious state. After her death, PW1 lodged a complaint (Ex.P1) on 08.11.2019, to the Sub Inspector of Police, who in turn registered the FIR (Ex.P16) for the offence under Section 306 IPC and Section 3(1)(r), 3(1)(s), and 3(2)(v) of the SC/ST (POA) Amendment Act, 2015.

(iv) PW20, the Deputy Superintendent of Police, Palladam Sub Division, took up the investigation, after he was nominated as the Investigating Officer by the Superintendent of Police, Tiruppur District on 08.11.2019. The nomination letter was marked as Ex.P19. PW20 visited the scene of occurrence and prepared the observation mahazar (Ex.P20) and Rough sketch (Ex.P21). He thereafter seized the kerosene can and match box, viz., M.O.1 and M.O.2, under the seizure mahazar (Ex.P3). He conducted the inquest in the presence of panchayatars and prepared the inquest report (Ex.P22). He thereafter arranged the conduct of the postmortem. PW19- Doctor conducted the postmortem and issued a post mortem certificate (Ex.P17) stating that the deceased died due to shock and burn injuries and its complications.

(v). Thereafter, the Investigation officer obtained the community certificates of the deceased (Ex.P7) and the appellant (Ex.P8), the Accident Register (Ex.P9) and the Dying Declaration (Ex.P14) and altered the sections of law. After examining all the witnesses, he filed the final report for the offences under Sections 3(1)(r), 3(1)(s), 3(2)(v)(a) of the SC/ST (POA) Amendment Act, 2015, and 306 of the IPC against the appellant/accused.

(vi) On appearance of the appellant, the provisions of Section 207 Cr.P.C. were complied with, and the case was taken on file as Spl.S.C.No.3 of 2020. The trial Court, viz., the Principal Sessions Judge, Tiruppur, framed four charges for the offences under Sections 306 of the IPC, 3(1)(r), 3(1)(s), and 3(2)(v) of the SC/ST (POA) Amendment Act,