Back
SUPREME COURT OF INDIA
L. NAGESWARA RAO, M.R. SHAH, JJ.
Rajesh – Appellant
Versus
State of Haryana – Respondent
Criminal Appeal No. 93 of 2019 (Arising out of SLP (Crl.) No. 8667 of 2016)
Decided On : 18-01-2019
(2010) 1 SCC 707 – Relied upon
Indian Penal Code, 1860 – Section 107 – Instigation – To provoke, incite, urge or encourage the doing of an act by the other by “goading” or “urging forward” – Goading means “a thing that stimulates someone into action; provoke to action or reaction”; “to keep irritating or annoying somebody until he reacts” – Words uttered in a fit of anger or omission without any intention cannot be termed as instigation. (Para 9, 10)
(2009) 16 SCC 605: (2010) 3 SCC (Crl.) 36; (2012) 9 SCC 734 – Relied upon
Facts of the case:
The Appellant was convicted under Section 306 of the Indian Penal Code, 1860 and sentenced to undergo five years rigorous imprisonment. The appeal filed by the Appellant was dismissed by the High Court.
Finding of the Court:
Appellant cannot be held guilty of instigating deceased to commit suicide.
Result: Appeal allowed.
JUDGMENT :
L. Nageswara Rao, J.
Leave granted.
The Appellant was convicted under Section 306 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”) and sentenced to undergo five years rigorous imprisonment. The appeal filed by the Appellant was dismissed by the High Court. Hence, this appeal.
2. According to the complaint filed by Bharat Singh (PW-1), his son Arvind was married to Manju, daughter of Laxmi Narayan on 07.11.2000. Indera is the sister-in-law of Arvind and the Appellant Rajesh is his brother-in-law. Arvind committed suicide on 23.02.2002 by consuming Sulfas tablets. On 01.03.2002 when Bharat Singh and other family members entered into the room of Arvind to sprinkle Gangajal, they found a suicide note on the bed of the deceased. It was stated that Arvind committed suicide due to the behavior of the Appellant, Laxmi Narayan and Indera who made false allegations against deceased regarding demand of dowry. A Panchayat was held in the village at the instance of the accused during which the Appellant slapped the deceased. The Appellant and his sister Indera used to threaten the deceased on telephone at the instance of their father Laxmi Narayan.
3. In the suicide note, the deceased Arvind stated that false allegations of demand of dowry were made against him and that a Panchayat was also conducted in which there was an attempt to assault him. There were continuous threats from his father-in-law (Laxmi Narayan), his brother-in-law (Appellant) and the sister-in-law (Indera) that his family members will also be implicated in a criminal case. Unable to withstand the harassment, the deceased took the extreme step of committing suicide and held his father-in-law, the Appellant and his sister-in-law responsible for his death.
4. On completion of investigation, a charge-sheet was filed under Section 306 IPC. 12 witnesses were examined on behalf of the prosecution and Manju, wife of the deceased was examined as DW-1. On a consideration of the oral and documentary evidence, the Trial Court held the Appellant, his father and sister guilty of committing the offence under Section 306 IPC. The Appellant and his father Laxmi Narayan were sentenced to imprisonment of five years. Accused Indera was sentenced to three years imprisonment on being convicted for committing of an offence under Section 306 IPC. The Trial Court took note of the Panchayat that was held in September, 2001 which was five months prior to 23.02.2002 on which date Arvind committed suicide. Reference was also made to the evidence of PW-1 (Bharat Singh) who stated that he and his son Arvind (deceased) had forgotten about the Panchayat episode in view of the apology tendered by the accused. However, the Trial Court observed that continuous threats held out by the accused to implicate the deceased and his family members in a false dowry case assume importance. The Trial Court also relied upon the suicide note to hold the accused guilty of the offence of abetment to suicide. The version of the defence that Arvind committed suicide due to his depression, due to unemployment and lack of income, was rejected.
5. The appeal filed by the Appellant was dismissed by the High Court. The conviction and sentence of Laxmi Narayan and Indera were set aside by the High Court by the same judgment. The High Court referred to the suicide note Exhibit ‘PA’ to conclude that there was no error committed by the Trial Court in convicting the Appellant. The High Court also relied upon the evidence of PW-1 and PW-5 who spoke about the convening of the Panchayat by the accused in September, 2001 during which false allegations were made against the deceased. The High Court upheld the conviction of the Appellant while acquitting his father and sister, only on the ground that the Appellant slapped Arvind during the Panchayat which was conducted in September, 2001.
6. It is no doubt true that Arvind committed suicide on 23.02.2002. He left a suicide note which was found by his family members
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
