PUNJAB & HARYANA HIGH COURT
S.D.Bajaj and Harmohinder Kaur Sandhu JJ.
State Of Punjab
Versus
Sham Lal
Criminal Appeal No. 177 of 1985,
Decided On : JULY 18, 1991
ABETMENT OF SUICIDE - SECTION 107 OF THE INDIAN PENAL CODE - INSTIGATION - OMISSION TO SEND THE DECEASED TO ATTEND THE MARRIAGES OF HER UNCLES DAUGHTERS - NOT ABETMENT THROUGH INSTIGATION.
Fact of the Case:
The deceased, Veena, was married to Gulshan, the son of Sham Lal and Kailasho. After the marriage, Veena was allegedly harassed by her in-laws for bringing insufficient dowry. She returned to her parents' house and refused to go back to her in-laws. The deceased's brother, Om Parkash, reported the matter to the police, alleging that the accused had abetted Veena's suicide by taunting her for not bringing enough dowry.
Finding of the Court:
The court held that the alleged taunting for lesser dowry attributed to the accused could not serve as abetment through instigation persuading the deceased to commit suicide. The court also held that the omission to send the deceased to attend the marriages of her uncles' daughters could not be termed as abetment through instigation for the suicide.
Issues: Whether the alleged taunting for lesser dowry attributed to the accused could serve as abetment through instigation persuading the deceased to commit suicide.
Ratio Decidendi: The court held that the expression "instigate" in Section 107 of the Indian Penal Code means to urge on, incite, or encourage to do an act. The course of action attributed to the accused did not amount to abetment by instigation. The court also held that the omission to send the deceased to attend the marriages of her uncles' daughters could not be termed as abetment through instigation for the suicide because such omission was not illegal.
Final Decision: The court dismissed the State's appeal.
S.D.Bajaj, J.
1. Om Parkash real brother of Veena (now deceased) reported to the police in Police Station, Batala, around 11.00 A.M. on March 4, 1984:
"We are two brothers Kewal Krishan is younger to me and is bachelor. My father Short Lal is bed ridden for the last 6 years. I have six sisters. Out of them, 4 are married and two are unmarried. I am the only bread winner in my family. I sell vegetables on the Pheri and make both ends meet with great difficulty. About three years ago, one of my sisters, named Devi is married to Madan Lai son of Jagdish Lal, Mahajan, resident of Mohalla, Jogian, Batala. About 1 1/4 years back, ours son in law Madan Lal had suggested his uncle Sham Lals son Gulshan as a match for my sister Veena. We made him clear that we had nothing to offer except our daughter in marriage. Smt. Kailasho w/o Sham Lal who is aunt of Madan Lal, said that they had everything in their house, we had no greed for anything and seek Veenas hand. On being agreed to this proposal, we married Veena to Gulshan son of Sham Lal, Mahajan resident of Jogian Mohalla, Batala, with Hindu Customary. We spent money in the marriage beyond our capacity. Sometime after the marriage, whenever they (Veena and her husband) used to visit her parents house, she complained her mother Veero Devi and Bharjahi, Kamlesh that her mother-in-law Kailasho was an outspoken lady and harrassed her on account of bringing insufficient dowry. She usually says that her (Veenas) parents have insulted them in the baradri. My husband Gulshan and father-in-law Sham Lal are also harassing her in the same manner. My mother, my wife and I used to send her back with the advice that it behaves good if the daughters reside in their in laws house and she should bear their taunting in order to keep the prestige of her parents and that she was well aware of her parents condition When Veena came to our house in the month of last December along with her child Sapna aged 6 months, she wept bitterly saying, "When you came with the clothes for my first child, for my husband and for mother/father-in-law, they took it ill and said that they never needed the said clothes and further said that the person who gave the clothes had not ashamed further remarked that it would have been better if they had put ashes on my head."
and then they would have felt pleasure. My sister Veena also said that she would not go to her in laws house. At this the entire family members got preplexed and I told this fact to my neighbour Kabul Singh S/o Angrez Singh, Jat and asked him to solve this problem. Kabul Singh also came to our house. Uncle Bishan Dass mother Veero Devi and I encouraged and assured her, saying that she should return to her laws and that we would come to her in-laws house within a few days, after getting together and we would pacify them. In the month of January, 1984,1 along with Kabul Singh and uncle Bishan Das came to the Batala at the house of Gulshan s/o Sham Lal, Mahajan. Mahajan and folded hands before Sham Lal, Gulshan and Kailasho, after going inside and entreated them that at that time they were financially tight, next month the marriage of the daughter of Uncle Babu Ram was to be solemnised and when Veena would come to Amritsar at the marriage we would give you (articles) before our capacity in order to please them. Gulshan was also requested to attend the marriage on 21.2 1984 with Veena positively. Apart from it, request was also made to Gulshan, Kailasho and Sham Lal to treat Veena with love and affection. We told them whenever she visits Amritsar, she looks sad. We also affectionately assured Veena and came back. We had sent a Marriage Card to them at Batala by Dak to. attend the marriage of Uncle Babu Rams daughter on 21.2.1984. But neither daughter Veena nor her husband Gulshan came to attend the marriage at Amritsar. In addition to it, the marriage of Bholi @ Usha daughter of my uncle Sardari Lal was fixed to be solemnised on 4 3.1984 and her marriage ca
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