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2008(3) RCR(Cri) 267
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KANWALJIT SINGH AHLUWALIA, J
Hem Karan & Others - Appellants
Versus
State of Haryana - Respondent
Criminal Appeal No. 964-SB of 1997
Decided on: May 5, 2008
Abetment - Suicide - IPC Section 306/34 - Summary: The court discussed the evidence of witnesses and found the accused guilty of abetting the suicide of the victim. The court highlighted the consistent attempt by the accused to humiliate and insult the victim, leading to the conclusion of abetment to suicide under Section 306 IPC.
Fact of the Case:
The appellants were charged with abetting the suicide of the victim, Meena, and were convicted under Section 306/34 IPC. The case revolved around the consistent harassment and humiliation of the victim by the accused, leading to her suicide.
Finding of the Court:
The court found the appellants guilty of abetting the suicide of the victim based on the evidence presented by witnesses, highlighting the consistent attempt by the accused to humiliate and insult the victim.
Issues: The key issues revolved around the alleged abetment of suicide by the accused, the credibility of the witnesses, and the impact of the consistent harassment and humiliation on the victim.
Ratio Decidendi: The court's decision was influenced by the consistent attempt by the accused to humiliate and insult the victim, leading to the conclusion of abetment to suicide under Section 306 IPC.
Final Decision: The appeal was dismissed, and the appellants were held guilty of abetting the suicide of the victim. The court modified the sentence to two and a half years, taking into account the protracted trial.
Kanwaljit Singh Ahluwalia, J
1. The present appeal has been filed by Hem Karan son of Sher Singh; his brother Udey Singh and two sons of Udey Singh namely Manoj Kumar and Daulat Ram. They were tried in case FIR No. 93 dated 06.05.1996 registered at Police Station Jatusana under Section 306/34 IPC. They were charged by the Court of Additional Sessions Judge, Rewari that they, on 6th May, 1996 in the area of village Shahadatnagar, abetted suicide of Meena daughter of Pohap Singh and they had committed offence under Section 306 read with Section 34 IPC.
2. Appellants were convicted by the Court of Additional Sessions Judge, Rewari vide impugned judgment dated 29.11.1997 under Section 306/ 34 IPC and were awarded four years rigorous imprisonment and a fine of Rs.300/-. In default of payment of fine, they were ordered to further undergo rigorous imprisonment for a period of one month. Aggrieved against the same, the present appeal has been preferred.
3. ASI Inder Singh PW-12 on 6th May, 1996 was present at tea point in the area of police post Nahar, where Pohap Singh (complainant) made a statement (Ex.PA), on the basis of which formal FIR (Ex.PA/1) was recorded. It was stated in (Ex.PA) by Pohap Singh (complainant) that he is resident of village Shahadatnagar and is posted as Head Constable in Police Station Beri, District Rohtak in Haryana. He was having a litigation regarding a hurt case with Hem Karan alias Hemla and Udey Singh, sons of Sher Singh and on 15th April, 1996, case was fixed for hearing. On that day, his wife Krishana and other witnesses had gone to the Court for their deposition and when they had returned to the village on that night, Hemla gave abuses to the family members and used bad words with his daughter Meena and in order to insult her, he caught hold of Meena and pushed her. Family members and other residents of the mohalla suggested that no action should be taken as the same pertains to the girl. Therefore, the matter was made to rest there and no report was made to the police. It was further complained that this way, Hemla alias Hem Karan, Udey Singh, Manoj and Daulat Ram, who were his neighbours, one way or the other were taunting his daughter. When she had gone to Gatwar, the girl told her mother that Manoj and Daulat daily taunt her and she is fed up of the taunts. She stated that she is the sister in relation and she cannot tolerate this kind of taunts any more, but she was made to understand by wife of the complainant, her mother, all the times. Yesterday on 5th May, 1996 at about 5.30 p.m. the girl had gone to throw garbage. When she was coming back then on the road, Hemla, Udey Singh, Daulat and Manoj met her. Udey Singh stated that Daulat Manoj, see my “Bhocharia” is coming. Then Daulat and Manoj said that she is our “Chachi” (aunt). Hemla stated that ‘she is my wife’, upon which her daughter hearing all this told them that she is their sister or daughter in relation and she started giving them abuses. These things were heard by Jai Narain son of Ganeshi Lal resident of the village. On reaching home, Meena started weeping and disclosed everything to her mother and wife of the complainant and also to the elder brother of the complainant. While weeping, daughter of the complainant stated that she had no right to live and as and when she will get an opportunity, she will commit suicide. On hearing this, wife of the complainant and his elder brother made her understand and told her that they will inform the complainant. She was also advised not to keep anything in her mind because there is a question of prestige in the society and her marriage is to be performed. On 6th May, 1996, family members had gone to the plot, on the tubewell to do their work and at about 9.00 a.m., Meena committed suicide by hanging herself by tying a rope in her neck. It is stated that she committed suicide being fed up of the taunts given by Hemla, Udey Singh, Daulat Ram and Manoj. Dead body of his daughter was hanging
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