IN THE HIGH COURT OF PUNJAB AND HARYANA
Sumeet Goel, J.
Ramphal – Petitioner
Versus
State of Haryana & Anr. – Respondent
CRA-AS No. 148 of 2023
Decided On : 05-12-2024
JUDGMENT :
Sumeet Goel, J.
Present appeal is directed against the judgment dated 16.12.2022 passed by the learned Additional Sessions Judge, Rewari, whereby respondent No.2 (herein) were acquitted from the charges under Sections 498-A and 306 of the IPC by granting them the benefit of doubt.
2. In the present appeal, the pertinent facts for adjudication are that the FIR No.144, dated 14.05.2019, was lodged against the accused- respondent No. 2 namely Tanender S/o Rattan Lal, resident of village Chillhar, Police Station Kasola, Rewari, under Sections 498-A and 306 of the Indian Penal Code (for brevity the ‘IPC’) at Police Station Kasola, District Rewari. The matter proceeded to trial before the Court of learned Additional Sessions Judge, Rewari, which concluded its proceedings and, vide judgment dated 16.12.2022, acquitted the accused (respondent No.2 herein) of all the charges. The Court below held that the evidence brought on record by the prosecution does not meet the necessary standards laid-down under Sections 498-A and 306 of the IPC; given the insufficiency of credible evidence, there is significant doubt regarding the involvement of the accused in the alleged offence & hence he ought to be acquitted by giving him the benefit of doubt.
3. The appellant, aggrieved by the findings of the Court below, has now invoked the appellate jurisdiction of this Court, seeking re-examination of the findings as the same are based on alleged mis-appreciation of evidence and procedural irregularities. However, it is well-settled law that the scope in appeal against acquittal is limited and does not entail a re-appreciation of evidence unless there is a manifest illegality or a serious miscarriage of justice.
4. In brief, the case of the prosecution, as detailed in the FIR, is that on 14.05.2019, a telephonic call was received at Police Station from the Sarpanch of Village Chirahara that Anita (deceased) had committed suicide by hanging herself. On reaching the spot, ASI Parvinder found the dead body of deceased Anita lying on the floor in a room. Meanwhile, Dr. Basant Kumar also reached there and inspected the spot. After arranging a private vehicle, the dead body was sent for post-mortem at CHC Bawal. Thereafter, the father of the deceased namely Ramphal (complainant) submitted a complaint at the concerned Police Station to the effect that there was matrimonial dispute going on between his daughter and her husband (respondent no.2 herein) on account of which she was being harassed. It was alleged that the accused Tanender (husband of the deceased) had an illicit relation with another woman on account of which there had been quarrels between the accused and his wife (deceased). It was, thus, suspected that the accused (husband of the deceased) had abetted the deceased to commit suicide. Based on these set of allegations, law was set into motion and the instant FIR was registered. During the course of investigation, a suicide note was found. Statements of the witnesses under Section 161 of Cr.P.C. were recorded. Inquest proceedings under Section 174 of Cr.P.C. were held and the dead body was sent for post-mortem examination, which was got conducted at the Medical Board at CHC, Bawal. On 15.05.2019, accused (respondent No.2 herein) was arrested. After completion of investigation, the accused respondent No.2 (herein) was sent up for trial before the Court of competent jurisdiction, wherein after the committal of the case to the Court of Additional Sessions Judge, charges were framed under Sections 498-A and 306 of the IPC.
5. Learned counsel for the appellant has iterated that the Court below has erred in acquitting the accused-respondent No.2 and the impugned order is contrary to law, facts and evidence on record. Learned counsel has further iterated that the trial Court did not give sufficient consideration to prosecution witnesses, which have sufficiently proved the guilt of the accused beyond reasonable doubt. According to the learned counsel
Nipun Aneja and others vs. State of Uttar Pradesh
Ude Singh & Others v. State of Haryana
Babu Sahebagouda Rudragoudar and others versus State of Karnataka
The prosecution must prove guilt beyond reasonable doubt; failure to do so results in acquittal.
To convict under Section 306 IPC, clear evidence of instigation or encouragement leading to suicide is required; mere allegations of harassment are insufficient.
The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The prosecution must prove charges beyond reasonable doubt; mere allegations of harassment are insufficient for conviction under IPC sections related to abetment of suicide.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
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