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ALOK KUMAR VERMA
Anil Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
Present Criminal Appeal has been filed against the judgment dated 23.09.2009, passed by learned District and Sessions Judge, Pauri Garhwal in Sessions Trial No. 124 of 2006, “State vs. Anil Kumar”, by which, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs. 5,000/- for the offence punishable under Section 306 of the Indian Penal Code, 1860 (in short, “IPC”).
2. Briefly stated the prosecution case as it emerges from the re-appreciation of the evidence on record is that the deceased-Smt. Sunita, the real sister of the informant, was married with the present appellant on 22.06.2003. The appellant and his family members demanded money from the deceased. She was being harassed and tortured on that pretext. The deceased-Smt. Sunita informed about her harassment to the informant. On 28.03.2006, when the informant was at her parents’ house, at around 8:00 a.m., one Kuldeep Chandra came to her house and informed that Sunita was unwell. On receiving the said information, she went to Sunita’s in-laws house and found that Sunita was lying dead on the upper floor of the house.
To convict for abetment of suicide, there must be clear evidence of the accused's intention to instigate or aid the victim's act, which was not present in this case.
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
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