{"id":236681,"date":"2020-10-02T20:39:23","date_gmt":"2020-10-02T15:09:23","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=236681"},"modified":"2020-10-03T13:05:53","modified_gmt":"2020-10-03T07:35:53","slug":"23-years-after-his-wifes-death-a-man-walks-free-as-sc-sets-aside-his-conviction-for-abetting-her-suicide-based-on-speculations-and-inferences","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/10\/02\/23-years-after-his-wifes-death-a-man-walks-free-as-sc-sets-aside-his-conviction-for-abetting-her-suicide-based-on-speculations-and-inferences\/","title":{"rendered":"23 years after his wife’s death, a man walks free as SC sets aside his conviction for abetting her suicide based on ‘speculations’ and ‘inferences’"},"content":{"rendered":"

Supreme Court: <\/strong>\u00a0In a case where the appellant had challenged his conviction under Section 306 IPC for driving his wife to suicide, the 3-judge bench of NV Ramana, Surya Kant and Hrishikesh Roy, JJ set aside the verdict of the Trial Court and the Punjab and Haryana High Court and held that the conclusion that the deceased was driven to commit suicide, by the circumstances or atmosphere in the matrimonial home was nothing more than an inference, without any material support and the same cannot be the basis for sustaining conviction of the appellant, under section 306 of the IPC<\/em><\/span><\/strong>.<\/p>\n

KEY FACTS CONSIDERED BY COURTS <\/u><\/strong><\/span><\/h3>\n
    \n
  • The appellant was married to the deceased and they had a son (21\/4 years) and a daughter (8\/9 months), when the mother committed suicide on 12.8.1997. According to the prosecution case, the deceased was harassed after marriage, for insufficient dowry. The appellant along with his parents was charged under sections 304B and 498A read with section 34 of the IPC.<\/li>\n
  • The father of the deceased submitted that \u201ccash loan\u201d of 20,000\/- was asked from him by the family of the appellant.<\/li>\n
  • appellant is the only son of his parents and they are the owner of a big house with a vegetable garden. The appellant and his father were drivers with Punjab police.<\/li>\n
  • during delivery time, the deceased was admitted in the hospital for 10\/12 days in November 1996 and her medical treatment was arranged by the husband and the father-in-law.<\/li>\n
  • No evidence of any dispute relating to dowry demand or maltreatment of the deceased, during three years of marriage was seen.<\/li>\n<\/ul>\n

    TRIAL COURT AND HIGH COURT\u2019s VERDICT<\/u><\/strong><\/span><\/h3>\n

    Even while declaring that there is insufficient material to convict anyone under section 304B & 498A IPC, the trial Court opined that although no charge of abetment was framed against the husband Gurcharan Singh, he can be convicted for abetting suicide of his wife, under section 306 IPC.<\/p>\n

    The Trial Court also concluded even if Rs. 20,000\/- was asked for purchase of plot three years after marriage and few days later the unnatural death takes place, the death cannot be related to demand of dowry<\/strong>.<\/span><\/p>\n

    However, posing a question to itself as to why a young lady with two small children would commit suicide unless she has been pushed to do so, by the circumstances in the matrimonial home, the Trial Court observed that the expectation of a married woman will be love and affection and financial security at the hands of her husband and if her hopes are frustrated by the act or by wilful negligence of the husband, it would constitute abetment within the meaning of section 107 IPC, warranting conviction under section 306 IPC.<\/p>\n

    The High Court also endorsed the Trial Court\u2019s view that deceased was pushed to commit suicide by the circumstances and the atmosphere in the matrimonial home.<\/p>\n

    SUPREME COURT\u2019s OBSERVATION<\/u><\/strong><\/span><\/h3>\n

    On ingredients to establish offence of abetment under Section 107<\/strong><\/span><\/span><\/h4>\n

    As in all crimes, mens rea has to be established. To prove the offence of abetment, as specified under Sec 107 of the IPC, the state of mind to commit a particular crime must be visible, to determine the culpability. In order to prove mens rea, there has to be something on record to establish or show that the appellant herein had a guilty mind and in furtherance of that state of mind, abetted the suicide of the deceased. The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous.<\/p>\n

    \u201cIn order to give the finding of abetment under section 107 IPC, the accused should instigate a person either by act of omission or commission and only then, a case of abetment is made out.\u201d<\/strong><\/span><\/p>\n

    On facts and circumstances of the case<\/strong><\/span><\/span><\/h4>\n

    Cruelty<\/span><\/strong><\/p>\n

    In the present case there is no direct evidence of cruelty against the husband or the in-laws. There is nothing on record to show which particular hope or expectation of the deceased was frustrated by the husband. Evidence is also lacking on wilful neglect of the appellant, which led to the suicidal death.<\/p>\n

    \n

    \u201cWhereas contrary evidence is available to suggest that care and treatment was given to the deceased in the matrimonial home and in the hospital, and during the three years of marriage, there was no instance of maltreatment, attributable to dowry demand<\/strong>.\u201d<\/span><\/p>\n<\/blockquote>\n

    Dowry<\/span><\/strong><\/p>\n

    The demand of Rs. 20,000\/- for purchase of a plot (in front of the residence which might have incidentally become available for sale just at that time), after three years of marriage, was ruled out by the trial Court as the possible cause for the suicidal death.<\/p>\n

    \u201cThus, a loan may have been sought by the accused which could not be given. But there is nothing to show that the deceased was harassed on this count, in the matrimonial home.\u201d<\/span><\/strong><\/p>\n

    Expectations from husband and in-laws<\/strong><\/span><\/p>\n

    Insofar as the possible reason for a young married lady with two minor children committing suicide, in the absence of evidence, conjectures cannot be drawn that she was pushed to take her life, by the circumstances and atmosphere in the matrimonial home.<\/p>\n

    \u201cWhat might have been the level of expectation of the deceased from her husband and in-laws and the degree of her frustration, if any, is not found through any evidence on record. More significantly, wilful negligence by the husband could not be shown by the prosecution.\u201d<\/span><\/strong><\/p>\n

    It must also be noted that both children born to deceased are being brought up by the appellant\u2019s family ever since the death of the mother on 12.8.1997. The maternal grandparents, even while pointing fingers against the accused, never raised any issue on their grandchildren being brought up in the home where their daughter died an unnatural death.<\/strong><\/p>\n

    Conclusion<\/strong><\/span><\/span><\/h4>\n

    The Court noticed that in the present matter both the Trial Court as well as the High Court never examined whether appellant had the mens rea for the crime, he is held to have committed<\/strong>.<\/p>\n

    \n

    \u201cThe conviction of Appellant by the Trial Court as well as the High Court on the theory that the woman with two young kids might have committed suicide, possibly because of the harassment faced by her in the matrimonial house, is not at all borne out by the evidence in the case.\u201d<\/span><\/strong><\/p>\n<\/blockquote>\n

    On the other hand, it is apparent that no overt act or illegal omission is seen from the appellant\u2019s side, in taking due care of his deceased wife. The evidence also does not indicate that the deceased faced persistent harassment from her husband.<\/p>\n

    \n

    \u201cThe Trial Court and the High Court speculated on the unnatural death and without any evidence concluded only through conjectures, that the appellant is guilty of abetting the suicide of his wife.\u201d<\/span><\/strong><\/p>\n<\/blockquote>\n

    Hence, the conviction of the appellant, under section 306 of the IPC cannot be sustained.<\/p>\n

    [Gurcharan Singh v. State of Punjab, CRIMINAL APPEAL NO.40 OF 2011, decided on 02.10.2020]<\/p>\n","protected":false},"excerpt":{"rendered":"

    “The Trial Court and the High Court speculated on the unnatural death and without any evidence concluded only through conjectures, that the appellant is guilty of abetting the suicide of his wife.\u201d<\/p>\n","protected":false},"author":121,"featured_media":154914,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,9],"tags":[3201,43648,2570,6691,43664],"class_list":["post-236681","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-supremecourt","tag-abetment","tag-aquittal","tag-Cruelty","tag-dowry-death","tag-section-107"],"yoast_head":"\n23 years after his wife's death, a man walks free as SC sets aside his conviction for abetting her suicide based on 'speculations' and 'inferences' | SCC Times<\/title>\n<meta name=\"description\" content=\"The conclusion that the deceased was 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guilty under S. 306 IPC","author":"Bhumika Indulia","date":"January 13, 2020","format":false,"excerpt":"Delhi High Court: Sanjeev Sachdeva, J., set aside the order of the trial court challenged by the appellant, whereby the appellant was convicted for the offences punishable under Section 498-A\u00a0(husband or relative of husband of a woman subjecting her to cruelty)\u00a0and Section 306\u00a0(abetment of suicide)\u00a0of the Penal Code. The wife\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":254232,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/09\/15\/abetment-of-suicide-3\/","url_meta":{"origin":236681,"position":1},"title":"Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains","author":"Bhumika Indulia","date":"September 15, 2021","format":false,"excerpt":"Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":224081,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/01\/10\/bom-hc-conviction-of-father-implicated-in-suicide-note-of-his-son-reversed-drinking-by-itself-can-never-be-an-abetment-for-a-person-to-commit-suicide\/","url_meta":{"origin":236681,"position":2},"title":"Bom HC | Conviction of father implicated in suicide note of his son reversed; Drinking, by itself, can never be an abetment for a person to commit suicide","author":"Bhumika Indulia","date":"January 10, 2020","format":false,"excerpt":"Bombay High Court:\u00a0V.M. Deshpande, J. allowed an appeal against the judgment of the trial court whereby the appellant was convicted under Section 305\u00a0(abetment of suicide of child\u00a0or insane person)\u00a0of the Penal Code, 1860. The appellant's son had committed suicide by hanging himself. He left behind a suicide note wherein he\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":200185,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/08\/16\/conviction-under-sections-498-a-and-306-ipc-maintained-held-leniency-to-the-same-would-be-misplaced-sc\/","url_meta":{"origin":236681,"position":3},"title":"Conviction under Sections 498-A and 306 IPC maintained; held leniency to the same would be misplaced: SC","author":"Bhumika Indulia","date":"August 16, 2018","format":false,"excerpt":"Supreme Court: The Bench comprising of R. Banumathi and Vineet Saran, JJ., ordered for refusal of modification in quantum of sentence as sought for by the appellant; on the reasoning that the conviction of the appellant under Section 498-A and 306 IPC as given by the High Court is to\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":195309,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/04\/19\/live-link-between-the-act-of-appellant-and-the-act-of-deceased-is-necessary-for-conviction-under-s-306-ipc\/","url_meta":{"origin":236681,"position":4},"title":"\u2018Live link\u2019 between the act of appellant and the act of deceased is necessary for conviction under Section 306 IPC","author":"Saba","date":"April 19, 2018","format":false,"excerpt":"Chhattisgarh High Court: The appellant was acquitted of the charges under Section 306 IPC by a Single Judge Bench comprising of Ram Prasanna Sharma, J., holding that there was no live link between the act of the appellant and suicide of the deceased so as to convict the appellant under\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":224303,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/01\/18\/bom-hc-law-does-not-permit-trial-court-to-reconstruct-a-new-theory-of-its-own-from-residual-parts-of-prosecution-evidence-to-convict-the-accused\/","url_meta":{"origin":236681,"position":5},"title":"Bom HC | Law does not permit trial court to reconstruct a new theory of its own from residual parts of prosecution evidence to convict the accused\u00a0","author":"Bhumika Indulia","date":"January 18, 2020","format":false,"excerpt":"Bombay High Court: K.K. Sonawane, J., allowed an appeal filed against the order of the trial court whereby the appellant was convicted for committing the offence of cruelty to women punishable under Section 498-A IPC and for abetment of suicide punishable under Section 306 IPC.\u00a0 The appellant was the sister-in-law\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/236681","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/121"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=236681"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/236681\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/154914"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=236681"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=236681"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=236681"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}