Back
2025 Supreme(Online)(CHH) 3475
HIGH COURT OF CHHATTISGARH
Shri Justice Sanjay S. Agrawal, Shri Justice Radhakishan Agrawal, JJ
State Of Chhattisgarh – Appellant
Versus
Pawan Kumar – Respondent
ACQA/129/2017
Ms. Pragya Pandey, Dy.G.A., Shri H. S. Ahluwalia, Advocate
Prosecution must prove that alleged cruelty or harassment directly caused the victim's suicide to establish guilt under IPC Sections 498-A and 304-B.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 378(3) - Indian Penal Code, 1860 - Sections 302, 304-B, 498-A - Appeal against acquittal - Respondents acquitted of charges related to dowry death and cruelty - Prosecution failed to establish demand for motorcycle as a cause for suicide - Evidence insufficient to prove cruelty or harassment. (Paras 1, 4, 11, 17)
(B) Ingredients of Sections 498-A and 304-B IPC - To establish guilt, prosecution must prove cruelty or harassment leading to suicide, not merely allegations of demand. (Paras 10, 11)
Facts of the case:
The deceased, Kiran Bai, committed suicide by hanging after alleged harassment for a motorcycle demand post-marriage. The trial court acquitted the respondents, finding insufficient evidence of their involvement.
Findings of Court:
The trial court concluded that the prosecution did not prove the respondents' guilt regarding the alleged demand for a motorcycle or that it led to the deceased's suicide.
Issues: The main issues were whether the respondents were guilty of cruelty and whether the prosecution established a causal link between the alleged demand and the suicide.
Ratio Decidendi: The court held that mere allegations of demand are insufficient; the prosecution must demonstrate that such conduct was severe enough to drive the deceased to suicide.
Result: Appeal dismissed.
Judgment On Board
Per Sanjay S. Agrawal, J
21/04/2025
1) This appeal has been preferred by the appellant/State under Section 378 (3) of the Code of Criminal Procedure , 1973, questioning the legality and propriety of the judgment dated 22/02/2013, passed by the learned Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No.64/2011, whereby, the respondents have been acquitted from the offence punishable under Sections 498-A , 304-B and in addition, for the offence under Section 302/34 of IPC .
2) Briefly stated, the case of the prosecution is, that the marriage of the deceased-Smt. Kiran Bai was solemnized with respondent no.1- Pawan Kumar on 09.06.2009 and, after the solemnization of the marriage, she started living with her in-laws, but was harassed by them on account of illegal demand of motorcycle, owing to which, she committed suicide by hanging herself on 05.04.2011 and thereafter, she was immediately taken to the District Hospital at Rajnandgaon, where she was declared brought dead. On account of the alleged incident, an information was sent by the District Hospital, Rajnandgaon, based on which, merg intimation was registered vide Ex.P-13 by the Police Station Kotwali, District Rajnandgaon and thereafter, inquest of the dead body was made vide Ex.P-4 and was sent for autopsy, which was conducted by Dr. V. P. Maheshwar (PW- 14), who in turn, has submitted his report (Ex.P-12) while opining the cause of death to be asphyxia, which occurred due to hanging. It appears further that a written report (Ex.P-9) was lodged by the father of the deceased on 10.04.2011 before the Police Station Chikhli, District Rajnandgaon and based upon the merg enquiry, an FIR was registered vide Ex.P-14 on 15.04.2011 against the respondents for the commission of offence punishable under Section 304-B /34 of IPC in connection with Crime No.157/2011 and after completing the usual investigation, the concerned Investigating Officer has submitted its charge-sheet before the Court of Chief Judicial Magistrate, Rajnandgaon against the respondents for the offence punishable under Sections 304-B , 498-A read with Section 34 IPC in connection with Crime No.157/2011 and the matter was, thereafter, committed to the learned Sessions Judge, Rajnandgaon, District Rajnandgaon, who in turn, has framed the charges against the respondents with regard to the offence punishable under Sections 498-A and 304-B IPC and in addition, under Section 302/34 IPC and, the charges so framed, were denied by them and claimed to be tried.
3) In order to bring home the guilt of the respondents, the prosecution has examined as many as 18 witnesses and exhibited 23 documents, while one witness was examined by the respondents in their defence.
4) The Trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that the respondents are not authors of the alleged crime as the prosecution has failed to establish the fact that the alleged demand of motorcycle was made by him which compelled the deceased-Smt. Kiran Bai to take an extreme step of committing suicide by hanging herself and, accordingly, they have been acquitted from the commission of the alleged offence mentioned herein-above and, being aggrieved, the instant appeal has been preferred.
5) Learned Counsel appearing for the appellant/State submits that the findings of the trial Court holding that the respondents are not the authors of the alleged crime, are apparently contrary to the materials available on record, in as much as, the evidence led by the prosecution, particularly the statement of the father-Shiv Kumar (PW- 7), mother-Smt. Phulbasan Bai (PW-8) and brother-Kamlesh Kumar (PW-9) of the deceased-Smt. Kiran Bai, have not been scanned in its proper manner and thereby, erred in acquitting them as such.
6) On the other hand, learned counsel appearing for the respondents has supported the impugned judgment of acquittal passed by the trial Court.
7) We have heard learned counsel appearing for the
