For conviction under Section 306 IPC, prosecution must prove intentional conduct by accused that instigated victim to commit suicide, supported by credible evidence, beyond reasonable doubt.

JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. The Petitioner has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellant jurisdiction of this Court. The appeal is preferred against the Judgment dated 29.07.2025 passed by the learned Additional District and Sessions Judge, Chandikhole, in C.T. Case No. 206 of 2012 and 219 of 2025 arising out of G.R. Case No. 726 of 2010, corresponding to P.S. Case No.206 of 2010, whereby the appellant was convicted for the offences under Section 306 r/w Section 34 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.5,000/- and in default of payment of fine undergo rigorous imprisonment for six months.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On 06.11.2020, the informant, Anjana Rout, the wife of the deceased Laxmidhar Rout, lodged a written report before the IIC of Badachana P.S. alleging that her father, step-mother, step-sister and step-brother had killed her husband, Laxidhar Rout.

(ii) The informant’s father, Karunakar, due to difference with his first wife, who is the mother of the informant, married Buli and started residing in his native village after leaving his first wife when the informant was about one year old. Since then, the informant had no relationship with her father.

(iii) Thereafter, in the year 2010, after the informant’s marriage, she visited her in-laws house which is situated in the native village of her father, and only then her relationship with her father was revived.

(iv) For the last 4 years, the informant’s husband used to torture her, and the matter used often pacified by the village gentries. In one such meeting, when she requested that her husband be sent back to her, her father threatened to spoil her life.

(v) On 06.11.2010 at about 12:30 PM, a telephone call was received regarding the admission of the informant’s husband in the hospital. Thereafter, the informant’s co-villagers went there and found informant’s husband was dead and that his dead body was lying in the medical verandah. Subsequently, they intimated the informant about the same, and the informant came from Bhubaneswar.

(vi) After reaching Badachana CHC, the informant came to know that Kabita, Karunakar, Buli and Tulu had killed her husband. Accordingly, for taking necessary action, the informant lodged the F.I.R. against Kabita Swain, Karunankar Swain, Buli Swain and Tulu Swain before the IIC Badachana P.S., upon which the written report and the investigation of the case was taken up.

(vii) Thereafter, the dead body of the deceased was sent to DHH, Jajpur for post mortem examination. During investigation, one poison bottle was seized, the informant and other witnesses were examined, and accused Buli Swain was arrested. The PM report was also received, wherein the MO opined that the cause of death of the deceased was due to Organophosphorus poisoning, which was suicidal in nature.

(viii) After completion of investigation, the I.O. submitted the charge sheet against Buli Swain and Kabita Swain. Thereafter, on 29.07.2025, the learned Trial Court, upon examining 16 witnesses and considering the oral evidences as well as documentary evidence on record, convicted Buli Swain and Kabita Swain under Section 306 r/w Section 34 of I.P.C. and sentenced them to undergo rigorous imprisonment for 5 years and to pa