To convict under Section 306 IPC, there must be a clear mens rea and a direct, proximate act of instigation or abetment that leaves the deceased with no other option but to commit suicide; general allegations of harassment are insufficient.

(Cause title as taken from the CIS)

Judgment on Board

1. In the present acquittal appeal filed by the complainant under Section 372 of the Code of Criminal Procedure, 1973 against the impugned judgment of acquittal dated 12.04.2019 passed by learned Sessions Judge, Bemetara, District – Bemetara (C.G.) in Sessions Case No.08/2018, whereby the respondents/accused persons have been acquitted from the offence under Section 306 of IPC.

2. The brief facts of the case are that deceased Ragini was married with Pradeep Tiwari on 19.06.2007 and out of their wedlock two children were born. The respondent No.2/accused Mamta Tiwari, wife of Ganesh Tiwari and the respondent No.3/accused Mamta Tiwari, wife of late Pokhanlal Tiwari are the sister-in-law (Jethani), The respondent No.4/accused Premlata Tiwari is the mother-in-law of the deceased and the respondent No.5/accused Ganesh Tiwari is brother of deceased’s husband and the respondent No.6/accused Ankit Tiwari is the nephew of the deceased. The deceased Ragini has committed suicide on 21.10.2017 in her matrimonial house by hanging herself in the ceiling fan with saree. Merg was intimated to the Police on 22.10.2017 at about 03:00 a.m. which is Ex.P/11. The inquest of the dead body (Ex.P/3) was prepared in presence of the witnesses and the dead-body was sent for its postmortem to the Community Health Center, Saja, District Bemetara, where the postmortem of the dead body of the deceased was conducted by Dr. A. K. Verma (PW-11), who found no external injuries on her body and opined that the cause of death is cardio-respiratory arrest caused by constriction of air passage due to hanging and nature of death is suicidal. His postmortem report is Ex.P/12. FIR (Ex/14) was registered against the accused persons under Sections 306 and 34 of IPC. The spot map was prepared by Police is Ex.P/8 and the spot map prepared by the Patwari is Ex.P/9. From the spot the ligature i.e. the saree, one sickle and two mobile phones have been seized vide seizure memo Ex. P/11. A query was raised from the Doctor about the ligature, then the Doctor has opined that the death could be possible by the said ligature and his query report is Ex.P/15. Statements of the witnesses under Section 161 of CrPC have been recorded and further completion of usual investigation charge-sheet was filed before the learned Judicial Magistrate First Class, Saja District Bemetara for the offence under Section 306 and 34 of IPC. The case was committed before the learned Sessions Judge, Bemetara for its trial.

3. Learned trial Court has framed charges under Section 306 of IPC against the accused persons. They denied the charges leveled against them and claimed trial.

4. The prosecution has examined as many as 12 witnesses. Statements of the accused persons under Section 313 of the CrPC have also been recorded in which they denied the circumstances that appears against them, pleaded innocent and have submitted that they have been falsely implicated in the offence. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has acquitted the respondents/accused persons from the alleged offence holding that the prosecution has failed to prove its case beyond reasonable doubt and there are no evidence with respect to any abatement or commit suicide to the deceased. The said judgment of acquittal is under challenge in the present acquittal appeal.

5. Learned counsel for the appellant would submit that the prosecution has duly proved its case beyond reasonab