To attract an offence under Section 306 IPC, there must be direct incitement or encouragement by the accused leaving the victim with no other option but to commit suicide; mere harassment or humiliation does not constitute abetment.

PRAYER

Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to call for the entire records in connection with S.C.No.167 of 2022 on the file of the learned Sessions Judge, Mahila Court, Krishnagiri, Krishnagiri District, and set aside the judgment dated 30.06.2023.

JUDGMENT

This Criminal Appeal has been filed challenging the judgment of conviction and sentence passed by the learned Trial Judge, whereby the appellant was convicted for the offence under Section 306 IPC and sentenced to undergo rigorous imprisonment for seven years, and in default to undergo simple imprisonment for one year.

2. The case of the prosecution is that the appellant and the deceased, who was the wife of PW1, had been in an illicit relationship for about ten years prior to the occurrence; that on 06.12.2021 at about 11.00 a.m., when the deceased went to the agricultural lands, the appellant approached her and called her to have a physical relationship; that when the deceased refused, he allegedly threatened her with dire consequences if she did not accede to his demands; that at that time, PW12, the son of the deceased, came to the place of occurrence and there was an altercation between PW12 and the appellant and that PW12 was beaten by the appellant; that on the same day at about 5.00 p.m., unable to bear the humiliation, the deceased consumed rat poison; that on 07.12.2021, after developing symptoms, she was admitted to the hospital and despite treatment, she died on 13.12.2021.

3. On the complaint given by PW1, a case was registered in Crime No.325 of 2021 under Section 174 Cr.P.C., which was subsequently altered to Section 306 IPC. The FIR was registered by PW16 and investigation was conducted by PW17. After completion of investigation, the final report was filed against the appellant under Section 306 IPC alleging that the harassment caused by him forced the deceased to commit suicide.

4. During trial, the prosecution examined 17 witnesses and marked Ex.P1 to Ex.P12. The appellant examined himself as DW1 and marked Ex.B1 to Ex.B6. The Trial Court found that the prosecution had established the case beyond reasonable doubt and convicted and sentenced the appellant as stated above.

5. The learned counsel for the appellant would submit that the allegations, at the most, would attract offences under Sections 354 and 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act ; that there is no evidence to suggest that the appellant had abetted the commission of suicide; that the deceased had given a complaint on 07.12.2021 which was registered in Crime No.317 of 2021; that a final report had been filed for offences under Sections 354 and 506(ii) IPC and that in the said complaint, there is no allegation of abetment to commit suicide; that the prosecution suppressed the FIR in Crime No.317 of 2021 as well as the counter complaint in Crime No.318 of 2021 and therefore the impugned judgment is liable to be set aside.

6. Per contra, the learned Public Prosecutor would submit that PW1 and PW12 have spoken about the harassment and humiliation suffered by the deceased and that the conduct of the appellant drove her to commit suicide and therefore the conviction does not warrant interference.

7. PW1 is the husband of the deceased. PW2 and PW3 are the sons of the deceased. PW4 is a ne