State Of Madhya Pradesh vs Ram Das - 2026 Supreme(MP) 642

Headnote:(A) Indian Penal Code, 1860 - Sections 107 and 306 - Abetment of suicide - To attract the offence of abetment to suicide, there must be proof of direct or indirect acts of instigation or incitement in close proximity to the commission of suicide, revealing clear mens rea and putting the victim in such a position that they have no other option but to commit suicide - Vague, remote, or omnibus allegations of cruelty or harassment do not satisfy the legal requirement of abetment - Hypersensitivity to ordinary petulance or discord does not constitute instigation for the commission of suicide. (Paras 10, 11, 12, 17, 19)

(B) Appeal - Scope of interference with acquittal - An appellate court should not interfere with an order of acquittal unless the findings are perverse, manifestly illegal, or grossly unjust - If two views are possible on the evidence adduced, the view favorable to the accused should be adopted - Mere possibility of a contrary view does not justify the reversal of acquittal. (Paras 13, 22, 23)

Facts of the case:
This criminal appeal was filed against the judgment of acquittal passed by the trial court in a case where the accused were charged with abetment of suicide under Section 306 read with Section 34 of the IPC. The prosecution alleged that the deceased was harassed by her husband and in-laws, which led to her death. The body was discovered under a stationary freight train. The trial court acquitted the respondents, finding that the prosecution failed to prove guilt beyond reasonable doubt and that the death could have been accidental.

Findings of Court:
The court found that the prosecution failed to provide direct or circumstantial evidence establishing that the death was suicidal or that the accused instigated the act. The medical report did not support claims of physical assault. Evidence indicated the deceased was a hypersensitive person and that there were ongoing land disputes, including a stay order passed against the deceased shortly before the incident. Independent witnesses testified that no physical altercation had occurred.

Issues: Whether the trial court's judgment of acquittal was perverse or illegal, and whether the essential ingredients of abetment under Section 107 of the IPC were established to sustain a conviction under Section 306 of the IPC.

Ratio Decidendi: Conviction under Section 306 IPC requires a positive act of instigation and clear mens rea. General allegations of harassment and the hypersensitive nature of the deceased do not amount to abetment. Since the trial court's view was legally plausible and based on a comprehensive appreciation of evidence, the appellate court cannot substitute its own view unless the decision is perverse.

Result: Appeal dismissed.

Legal Category Hierarchy

1. Criminal appeal against acquittal under Section 306 read with Section 34 IPC for abetment to suicide — Death under stationary freight train. (Para 1 , 2 , 3 , 4 , 5 , 12 )

2. Appellant argued trial court erred in acquitting despite evidence; respondents argued no proof of abetment beyond reasonable doubt. (Para 6 , 7 )

3. Appeal dismissed; judgment of acquittal upheld; no interference warranted. (Para 24 , 25 )

4. What constitutes abetment under Section 306 IPC?

Abetment requires instigation, conspiracy, or intentional aid as defined in Section 107 IPC; a positive act with clear mens rea to instigate suicide is necessary. (Para 10 , 11 , 18 , 19 )

5. When can an appellate court reverse an acquittal?

Only if the trial court's findings are perverse, illegal, or grossly unjust. A plausible view in favour of the accused must not be disturbed. (Para 13 , 22 , 23 )

6. Can a conviction under Section 306 be based on general allegations of harassment?

No. Evidence must disclose specific, proximate acts of instigation or intentional aid. Vague allegations without proximate cause are insufficient. (Para 12 , 15 , 16 , 17 , 18 , 19 , 20 , 21 )

7. What is the relevance of the deceased's hypersensitive nature in a Section 306 case?

The hypersensitive disposition does not establish abetment. Abetment requires a positive act intended to push the deceased to suicide. (Para 17 , 18 , 19 )

ORDER :

RAJENDRA KUMAR VANI, J.

This criminal appeal under Section 378(3) of the Code of Criminal Procedure, 1973 has been filed by the appellant against the judgment dated 08.07.2010 passed by the learned 15th Additional Sessions Judge, Jabalpur (M.P.) in Sessions Trial No.356 of 2008, whereby the respondents No.2 and 3/accused have been acquitted of an offence under Section 306 read with Section 34 of the Indian Penal Code.

2. The case of the prosecution in brief is that Kirti Prasad Shrivastava (P.W.4), a railway employee, was on nigh duty at Devi Railway Station on 18th May, 2008. While returning from guard brake duty, he saw a woman's dead body under a stationary freight train on the down loop line. He informed Assistant Station Master, S. K. Shrivastqva, who informed GRP and PS Panagar. The body was subjected to postmortem examination (Exhibit P/8) and then buried. Bhakt Prahlad Patel, the deceased's elder brother informed GRP, leading to registration of Merg No.8. Investigation was done by DSP N. K. Tiwari (P.W.2). The body was identified by the husband, Ramdas and elder brother based on clothes and jewelry. The father of the deceased filed report (Exhibit P/6) stating his daughter was married to Ramdas, 08 years ago and was being harassed by him and mother-in-law Radhabai and her grand mother-in-law.

3. On the basis of the aforesaid complaint, the police registered a case for the offence punishable under Section 306 read with Section 34 of the I.P.C. under Crime No.42/2008, and after completion of investigation, filed the charge-sheet before the Judicial Magistrate First Class, Jabalpur. The learned Magistrate, in turn, committed the case to the Court of Sessions, where it was registered as S.T. No.356/2008. Charge under Section 306 read with Section 34 of the I.P.C. was framed against respondents No.2 and 3, to which they abjured their guilt and claimed to be tried.

4. The prosecution examined witnesses namely Constable Rameshwar Paraste (P.W.1), N. P. Tiwari (P.W.2), Dr. R. P. Pyasi (P.W.3), Keerat Prasad Srivas (P.W.4), Bhakt Prahlad Patel (P.W.5), Ramsewak (P.W.6). Gaya Prasad Patel (P.W.7), R. V. Singh Vimal (P.W.8), G. S. Uikey (P.W.9), R. K. Pandey (P.W.10), Vishwanath Prasad Patel (P.W.11) and Devraj Singh Kushwaha (P.W.12) and exhibited 24 documents (Ex.P/1 to Ex.P/14) in support of the prosecution case. On the defence side, Member Dahiya (D.W.1), and exhibited documents Ex.D/1 to Ex.D/7.

5. After conclusion of trial and hearing of both parties, the learned trial Court by the impugned judgment acquitted respondents No.2 to 6 from the charge under Section 306 read with Section 34 of the I.P.C.

6. Learned counsel appearing on behalf of the appellant has submitted that despite sufficient, cogent and reliable evidence on record in respect of guilt of respondents No.1 and 2, trial Court erroneously acquitted them by the impugned judgment. It is also submitted that brother of deceased, father of deceased (P.W.6) and brother-in-law of deceased (P.W.7) have supported the prosecution story in toto. Moreover, story of prosecution has been further substantiated by the evidence of Doctor concerned and Investigating Officer. Learned counsel has contended that, upon due consideration of the entire evidence and statements on record, the learned trial Court has erred in law and on facts in acquitting the respondents No.2 and 3 of the charge under Section 306 read with Section 34 of the IPC. Accordingly, it has been prayed that the present appeal be allowed, the judgment of acquittal be set aside, and the respondents No.2 and 3 be convicted and sentenced appropriately in accordance with law.

7. Per contra, learned counsel appearing on behalf of the respondents No.2 and 3/accused persons have vehemently opposed the appeal. It is submitted that learned trial Court in para 55 and 57 has categorically stated that guilt has not been proved beyond doubt and cogent and reliable evidence. Death of the deceased was found to be accidental. Sinc

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2026 Supreme(MP) 642

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI, J.
The State Of Madhya Pradesh - Appellant
Versus
Ram Das And Others – Respondents
Criminal Appeal No. 1190 of 2016
Decided On : 28-01-2026

Legal Category Hierarchy

Table of Contents

4. What constitutes abetment under Section 306 IPC?

5. When can an appellate court reverse an acquittal?

6. Can a conviction under Section 306 be based on general allegations of harassment?

7. What is the relevance of the deceased's hypersensitive nature in a Section 306 case?

Judicial Analysis

2026 Supreme(MP) 642

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPURRAJENDRA KUMAR VANI, J.The State Of Madhya Pradesh - Appellant Versus Ram Das And Others – RespondentsCriminal Appeal No. 1190 of 2016 Decided On : 28-01-2026

Legal Category Hierarchy

Table of Contents

4. What constitutes abetment under Section 306 IPC?

5. When can an appellate court reverse an acquittal?

6. Can a conviction under Section 306 be based on general allegations of harassment?

7. What is the relevance of the deceased's hypersensitive nature in a Section 306 case?

Cases Referred (6)

Judicial Analysis

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI, J.
The State Of Madhya Pradesh - Appellant
Versus
Ram Das And Others – Respondents
Criminal Appeal No. 1190 of 2016
Decided On : 28-01-2026