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2004 DIGILAW 129 (HP)

STATE OF H. P. v. SURENDER KUMAR

2004-06-22

LOKESHWAR SINGH PANTA, R.L.KHURANA

body2004
JUDGMENT R. L. Khurana, J. (Oral): - The respondent, Surender Kumar hereinafter referred to as the accused, on having been tried for the offences under Section 498-A and 306, Indian Penal Code, stands acquitted of such offences by the learned Presiding Officer, Fast Tract Court, Shimla, vide judgment dated 25.2.2004. The State has approached this Court under Section 378(3), Code of Criminal Procedure, for leave to appeal against the acquittal of the accused as recorded by the learned trial Court. 2. Briefly stated, the prosecution story is this. The accused was married to Smt. Sunita about 8 months prior to the occurrence, which took place on 20.12.1999. The said Smt. Sunita on that day was brought to I.G.M.C. Hospital, Shimla in an unconscious state. She was alleged to have consumed some poisonous substance. Information in this regard was given to the police. Smt. Sunita, while she was admitted in the Hospital died on 2.1.2000. Her statement could not be recorded by the Police since she was not found fit to make such a statement. Postmortem revealed that she had died due to aspiration of gastric contents on account of oregano phosphorous poisoning. 3. On the basis of the information received fret! the hospital about the deceased Smt. Sunita Devi having been brought in an unconscious state as a suspected case of poisoning, PW-8 Sub Inspector Bidhi Singh, the then Additional Station House Officer of Police Station, Boileauganj, went to the hospital. He, however, could not record the statement of the deceased as she was not found fit to make a statement. On the following day, that is, on 21.12.1999 he visited the house of the accused in village Jubar Hatti. He carried out a search there and during the course of such search nothing incriminating was found. He, however, happened to find one open envelope containing a letter from the drawer of the dressing table in the room of the accused. Such letter had been written by the deceased to the accused, that is, her husband wherein a complaint was made by her about the strained relations between them and there was an indication about the accused having extra-marital relations with one Reetu. On the basis of this letter (Ex. PA) PW8 on 25.12.1999 sent a rukka Ex. PF to the Police Station for the registration of the case under Section 498-A, Indian Penal Code, against the accused. On the basis of this letter (Ex. PA) PW8 on 25.12.1999 sent a rukka Ex. PF to the Police Station for the registration of the case under Section 498-A, Indian Penal Code, against the accused. A case, accordingly, came to be registered on 25.12.1999 vide FIR No. 269/99 under Section 498-A, Indian Penal Code. On the death of the deceased Smt. Sunita Devi, the offence under Section 306, Indian Penal Code, also came to be added. 4. The investigation revealed that the deceased and the accused, who were married on 5.5.1999 were not having cordial relations since the accused was having extra-marital relations with one Reeta. On account of such extra-marital relations the accused was neglecting the deceased. The conduct of the accused created an impression in the mind of the deceased as if she had been brought to the marital home only for the purpose of performing domestic chores. Besides, the accused was not doing any work and was thus financially dependent on his parents. The deceased, who took the conduct of her husband very seriously, decided to bring an end to her life and in order to accomplish the same consumed poisonous substance on 20.12.1999. 5. On having been put to trial, the accused pleaded not guilty. His defence was that of denial and false implication. 6. The prosecution in, support of its case examined fourteen witnesses in all. No defence was led by the accused. 7. The learned trial Court on the basis of evidence coming on the record came to the conclusion that no offence stood proved against the accused. Resultantly, vide impugned judgment it acquitted the accused of the offences charged against him. 8. We have heard the learned Additional Advocate General for the State and have also gone through the record of the case. 9. In order to bring home the offence under Section 306, Indian Penal Code, against the accused, the prosecution has to prove and establish that - (a) the deceased had committed suicide; and (b) the accused had abetted the commission of such suicide. 10. 9. In order to bring home the offence under Section 306, Indian Penal Code, against the accused, the prosecution has to prove and establish that - (a) the deceased had committed suicide; and (b) the accused had abetted the commission of such suicide. 10. In view of the admitted fact that the deceased Smt. Sunita Devi had committed suicide, the only, question falling for determination is -whether the accused is guilty of having abetted suicide by the deceased in any manner by his wilful conduct which is of such a nature as is likely to drive the deceased to commit suicide ? "Abetment" has been defined under Section 107, Indian penal Code, as under:- "A person abets the doing of a thing, who - First - Instigates any person to do that thing; or Secondly - Engages with one or more than person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes a place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1. - A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2. - Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act." 11. At this stage, it will not be out of place to refer to Section 498-A, Indian Penal Code, which deals with the offence of cruelty of the husband or his relations committed towards a woman, and for which offence the accused was also tried an d stands acquitted. This section reads: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. This section reads: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.- For the purpose of this section, "cruelty" means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or hearth (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." 12. In the present case, admittedly, the deceased had died a suicidal death within seven years of her marriage with the accused. 13. Relying upon the provisions contained in Section 113-A, Evidence Act, it was contended by the learned Additional Advocate General while assailing the acquittal of the accused that on facts and in the circumstances of the case, the learned trial .Court ought to have raised the presumption that the accused had treated the deceased with cruelty within the meaning of Section 498-A, Indian Penal Code, and thereby had abetted the suicide by the deceased. Section 113-A, Evidence Act, provides:- "When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation. - For the purpose of this section "cruelty" shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860)." 14. It is by now well settled that before a presumption under Section 113-A (quoted above) can be raised, one of the ingredients, which necessarily has to be proved is that the wife was subjected to cruelty. 15. It is by now well settled that before a presumption under Section 113-A (quoted above) can be raised, one of the ingredients, which necessarily has to be proved is that the wife was subjected to cruelty. 15. In the present case no evidence is forth coming that the deceased was subjected to cruelty and that such acts of cruelty are closely proximate in time to the time of incident. Even in the letter Ex. PA, on which much reliance has been placed by the prosecution, there is no mention and/or indication of any cruel treatment on the part of the accused towards the deceased. 16. It is significant to note that no grievance whatsoever was made either by the parent? or brothers or other close relations of the deceased against the accused and the circumstances leading to the commission of suicide by the deceased. As pointed out above, the case came to be registered on the basis of the report of PW8, the Investigating Officer, primarily based on the letter Ex. PA. 17. No doubt there is an indication in the letter Ex. PA about the accused being indulged in extra-marital relations with one Reetu (though such fact has not been proved), a reading of the letter as a whole shows that the deceased was in the know of such affair and conduct of the accused even before her marriage and inspite of such knowledge she had married the accused. Therefore, even proceeding on the assumption that the accused was having extra-marital relations with Reetu, the same would not amount to such an act of conduct of such a nature as would be likely to drive the deceased to commit suicide, in view of the fact that she knew about the affair since prior to her marriage and had married the accused inspite of such knowledge. 18. In so far as the second limb of the case pertaining to dowry demand is concerned, suffice to say that such part of the case appears to have been introduced only as an afterthought. Besides there is no reliable evidence in this regard. Even in Ex. PA there is no mention of demand of dowry by the accused and the deceased being harassed for the same. 19. The letter Ex. PC, written by the deceased on 14.7.1999 to her mother, completely destroys the prosecution case. Besides there is no reliable evidence in this regard. Even in Ex. PA there is no mention of demand of dowry by the accused and the deceased being harassed for the same. 19. The letter Ex. PC, written by the deceased on 14.7.1999 to her mother, completely destroys the prosecution case. In this letter no complaint has been made by the deceased against the accused either as to his extra-marital relations or as to her being harassed and treated with cruelty on account of dowry. Rather the deceased had gone to state that she was very happy in her matrimonial home and was being loved by everyone. 20. If the deceased was feeling harassed on any count, she would have definitely informed her mother by complaining the act conduct of the accused in the letter Ex. PC. 21. Considering the entire evidence coming on the record, we are satisfied that the accused stands rightly acquitted by the learned trial Court and no interference therewith is called for. 22. Resultantly, leave to appeal is declined and the present petition is dismissed.