In an appeal against acquittal under Sections 498-A and 306 IPC, the appellate court will not interfere unless the trial court's view is perverse; mere assault and subsequent suicide without evidence of abetment does not sustain conviction.

Judgment on Board

05.01.2026

1. This appeal against acquittal has been preferred by the appellant/State against the judgment dated 05.11.2014 passed by the Sessions Judge, Durg, District Durg (C.G.), in Sessions Trial No. 35/2014, whereby the learned trial Court acquitted the accused persons/respondents of the charges under Sections 498-A and 306 of the Indian Penal Code (for short, ‘IPC’).

2. Case of the prosecution, in brief, is that on 15.03.2013 at about 10:00 a.m., deceased- Seema Suryavanshi, lodged a report (Ex.P-8C) at Police Station Anda alleging that at about 9:00 a.m. on the same day, her husband (respondent No.1) and father-in-law (respondent No.2) had assaulted her with hands and fists on suspicion of her character. Pursuant thereto, she was medically examined and as per MLC report (Ex.P-4), swelling near the wrist and a simple superficial scratch on the side of her face were found, which were opined to be simple in nature. Later, on the same day, Savitri Suryavanshi, mother-in-law of the deceased, informed the police that the deceased had left the house in the morning and, at about 6:00 p.m., she was found to have committed suicide by hanging herself with her saree on a plum tree in the field of one Girdhari Satnami at village Panbudakhar. Thereafter, merg intimation was recorded vide Ex.P-6 and FIR (Ex.P-11) was registered against the accused persons. Inquest proceedings were conducted vide Ex.P-16 and the dead body of the deceased was sent for post- mortem examination. PW-12 Dr. N.C. Rai conducted the post-mortem examination and submitted his report vide Ex.P-19, opining that the cause of death was asphyxia as a result of hanging and that the nature of death was suicidal. During the course of investigation, spot map was prepared vide Ex.P-2, saree used in the offence was seized vide Ex.P-10, statements of the witnesses were recorded and the accused persons/respondents were taken into custody vide Exs.P-12A and P-13.

3. After completion of the investigation, a charge sheet was filed against the accused persons/respondents before the competent trial Court. The accused persons/respondents denied the allegations, pleaded not guilty and prayed for a trial.

4. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused persons/respondents herein of said charges leveled against them.

5. Learned counsel for the appellant/State submits that the learned trial Court is not justified in acquitting the accused persons/respondents of the said charges by recording perverse findings. He further submits that the evidence available on record clearly establishes that on the date of incident, the deceased herself had lodged a report against the accused persons alleging that, on suspicion of her character, they had assaulted her with hands and fists, and that on the very same day, she committed suicide by hanging herself from a plum tree. This, according to learned counsel, clearly demonstrates that the deceased was subjected to harassment and assault by the accused persons, as a consequence of which, she committed suicide. Despite such cogent and clinching evidence on record, the learned trial Court, without appreciating the material evidence in its proper perspective, committed a grave error in acquitting the accused persons/respondents. Thus, the impugned judgment of acquittal suffers from perversity and illegality and is, therefore, liable to be set aside.

6. On the other hand, learned counsel for the accused persons/respondents supports the impugned judgment and submits that the prosecution has failed to establish that the accused persons/respondents, in any manner, instigated or abetted the deceased to commit suicide either on account of any demand for dowry or on suspicion of her character. He further submits that PW-8 Reni Bai Yadav, mother of the deceased and PW-9 Raju Yadav, father of the deceased, have turned hostile and did not support the pro