Conviction under Sections 306 and 498A IPC requires clear evidence of harassment and direct instigation to suicide; mere allegations are insufficient.

Headnote:(A) Indian Penal Code, 1860 - Sections 306, 498A, and 34 - Accused convicted of abetting suicide and cruelty - Evidence insufficient to uphold conviction - Prosecution failed to demonstrate harassment or direct instigation to commit suicide, as required by law - Conviction reversed on appeal. (Paras 1, 12, 39)

(B) Dying declaration - Proper evaluation of evidence required - Existence of two competing dying declarations necessitates caution before acceptance - Conviction cannot rest solely on dying declarations without corroborative evidence. (Paras 48, 39, 37)

Facts of the case:
Accused charged with abetting suicidal death of victim, allegedly due to continuous harassment, including demands for dowry and threats. The victim committed suicide on 9.3.2008 after sustained harassment.

Findings of Court:
There was no concrete evidence documenting the alleged harassment or ill-treatment necessary to prove the charges under Sections 306 and 498A IPC.

Issues: Whether the evidence presented substantiated claims of abetment and cruelty leading to suicide?

Ratio Decidendi: The court held that vague allegations without corroborative evidence do not suffice to establish criminal liability under the relevant IPC provisions. The court additionally stated that mere evidence of abuse or harassment must meet a material threshold of direct incitement to suicide for criminal culpability to apply.

Result: Criminal appeal allowed; accused acquitted of all charges.

ORAL JUDGMENT

Appellant Nos.1 to 3 who were accused Nos.1 to 3 before I Addl. District and Sessions Judge, Kodagu, Madikeri in Sessions Case No.24/2009 have challenged the Judgment of their conviction dated 11^th December 2013 and order of sentence dated 17^th December 2013 by preferring this appeal.

2. The parties to this appeal are referred to as per their rank before the Trial Court.

3. During the pendency of this appeal, it is reported that, accused No.1 died on 28.03.2025. As per the orders of this Court dated 25.04.2025 appeal of appellants stood abated against accused no.1. It is also submitted that, appellant No.3 being accused no.3 had already undergone the sentence imposed by the trial Court. According to appellants' counsel now appellant Nos. 2 and 3 are prosecuting this appeal.

Facts of the Case:

4. That all the accused persons were charge sheeted by the PSI, Shanivara Santhe Police Station alleging the offences punishable under Section 309, 109, 509, 306 read with Section 34 of IPC on the allegation that, accused No.3 is the husband of deceased Deepa. Their marriage was solemnized on 06.12.2007. After marriage, Deepa went to her matrimonial home to lead her marital life at Mylathpur. It is stated that, during her stay at matrimonial home, accused No.1 Punith @ Punith Kumar, accused No.2 Smt.Jayalaxmi used to make telephone call to her from their village to the house of one M.M.Nagesh and they used to give threat to Deepa, that on account of the animosity in between them, she will not be permitted to lead a happy marital life in her husband's house. They also gave threat that, they will destroy her marital life. Accused No.3 Vasanth, the husband of deceased Deepa used to illtreat her asking a golden chain as agreed during the marriage to him. He used to say that, as the golden chain is not given to him, he intends to torture her. It is stated that, because of this continuous harassment to her, she became frustrated in her life. Because of the same, on 9.3.2008 at 4.30 p.m. she poured kerosene on her body in her matrimonial home at Mylathpur and set her ablaze with an intention to commit suicide. She sustained burn injuries and succumbed to the same on 15.03.2008 at Mangalore Hospital.

5. With these allegations, a complaint came to be registered against accused persons for the aforesaid offences. The Investigation Officer on completion of investigation filed charge sheet against the accused persons for the aforesaid offences. The jurisdictional Magistrate took cognizance of the offences and committed the case to the Sessions Court, Madikeri for trial.

6. Before the trial Court, on hearing both side, the learned trial Court framed the charges against the accused persons for the offences punishable under Section 306 , 498 (A) of IPC read with Section 34 of IPC . For which they pleaded not guilty and claimed to be tried.

7. Before the trial Court, the prosecution to substantiate its case, examined 13 witnesses as PWs. 1 to 13 and got marked 11 documents as Ex.P1 to 11 so also MO No.1. During the course of cross-examination Ex.D1 to D3 were marked on behalf of the defence. On closure of the prosecution evidence, accused were questioned under Section 313 of Cr.PC so as to enable them to answer the incriminating circumstances appearing in the evidence of the prosecution. They denied their complicity in the crime and did not choose to lead any defence evidence on their behalf.

8. The learned trial Court, on hearing the arguments on both side and on evaluation of evidence placed on record, found accused nos.1 and 2 guilty of committing offences under Section 306 , read with Section 34 of IPC , accused no.3- M.S.Vasanth @ Vasu found guilty of offence under Section 498(A) of IPC and passed an order of sentence as under:

"In the result, convict No. 1/Punith @ Punithkumar and Convict No.2/Jayalaxmi are sentenced to undergo rigorous imprisonment for a period of 3 years 6 months and to pay Rs.6,000/-(Six Thousand) each, in default o

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2025 Supreme(Online)(Kar) 19986

Conviction under Sections 306 and 498A IPC requires clear evidence of harassment and direct instigation to suicide; mere allegations are insufficient.

Cases Referred (2)