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Madhya Pradesh High Court · body

2005 DIGILAW 476 (MP)

Shanti Bai v. State of M. P.

2005-04-04

S.K.PANDE

body2005
Judgment ( 1. ) ADDITIONAL Sessions Judge, Dindori in Sessions Trial No. 22/90 vide impugned judgment dated 20-8-90 recording conviction of appellant under Section 306, IPC sentenced her to undergo R. I. for a period of 3 years. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC. ( 2. ) DECEASED Jaiwati was daughter-in-law of appellant. She was living in the joint family consisting of her husband Samal Singh and others. Father-in-law Fagu Lal on 3-11-89 vide (Ex. P-6), reported to the police that sustaining burn injuries, Jaiwati has died. On the basis of this report, inquest Panchnama (Ex. P-8) was prepared and the dead body was sent for the post-mortem. Dr. V. S. Tekam (P. W. 7) performing the post-mortem submitted report (Ex. P-5) to the effect that Jaiwati died on ante-mortem burns. During the investigation of merg under Section 174 of the Cr. PC on the basis of statements of witnesses, the Investigating Officer held that the deceased was subjected to torture by the appellant. As such, she committed suicide. Crime No. 148/89 under Section 306, IPC vide report (Ex. P-7) was registered. Completing the investigation, the appellant was charge-sheeted. Appellant abjured the guilt. However, the Court below held that on account of bad behaviour of appellant/mother in law, Jaiwati committed suicide. As such, recording conviction under Section 306, IPC she has been sentenced to undergo R. I. for the period said above. ( 3. ) ADMITTEDLY, merg intimation (Ex. P-6) was recorded by the police at the instance of Fagu, husband of appellant. Inquest Panchnama (Ex. P-8) was prepared and the dead body was sent for the post-mortem. Dr. V. S. Tekam (P. W. 7) conducted the post-mortem. This witness has stated that the ante mortem burns were found on the body of the deceased. She died of aforesaid burns, as such report (Ex. P- 5) was recorded. On the basis, the Court below held that Jaiwati, daughter-in-law of appellant on 2-11-89 in the evening committed suicide. ( 4. ) JAI Singh (P. W. 1) is brother of deceased Jaiwati. This witness has stated that sustaining burn injuries when Jaiwati was alive, he asked her as to what had happened. Jai Singh (P. W. 1) has stated that Jaiwati told him that out of anger against mother-in-law she had burnt herself. ( 4. ) JAI Singh (P. W. 1) is brother of deceased Jaiwati. This witness has stated that sustaining burn injuries when Jaiwati was alive, he asked her as to what had happened. Jai Singh (P. W. 1) has stated that Jaiwati told him that out of anger against mother-in-law she had burnt herself. Panna Das (P. W. 3), Inder Singh (P. W. 4), Pana Singh (P. W. 5) have stated that Jaiwati told them that out of anger against mother-in-law she committed suicide. Sohagin (P. W. 2) is grandmother of the deceased. This witness has stated that she does not know why the suicide was committed by grand-daughter Jaiwati. There is no other piece of evidence to suggest the reason other than that for the alleged suicide by the deceased. Jai Singh (P. W. 1) has stated that daughter of appellant has been married to him. In return his sister Jaiwati was married to the son of the appellant. His wife is staying with her mother-appellant Shanti Bai. Appellant and her husband have declined to send their daughter to joint the company of her husband Jai Singh (P. W. 1 ). This witness has fairly conceded that on account of this, ill-feeling has been cultivated against the appellant. ( 5. ) IN Smt. Padmabai v. State of M. R, 1987 Cr. LJ 1573, it has been held :-"it is of the essence of the crime of abetment of suicide that the abettor should be proved to have substantially assisted in the commission of the offence of suicide. Investigation, incitement, provocation, encouragement, insinuation, solicitation, which words connote different meanings are, no doubt, some of the acts, which may constitute an abetment for commission of suicide. But all such acts or any of them have to be positive and potent in nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide. But all such acts or any of them have to be positive and potent in nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide. Stray domestic quarrels, perfunctory abuses by mother-in-law to her daughter-in-law in the Indian society, crude and uncultured behaviour by the in-laws or the husband towards his wife being mundane matters of normal occurrence in the traditional joint Hindu families, will not go to form and constitute abetment unless these acts or conduct singally or cumulatively, are found to be of such formidable and compelling nature as may lead to the commission of suicide or may facilitate in a singular and prime manner, the commission of the same. " ( 6. ) IN State of West Bengal v. Orilal Jaiswal and Anr. , AIR 1994 Supreme Court 1418, dealing with abetment of suicide, the Apex Court has held :-"the Court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hyper-sensitive to ordinary petulance dischord and difference in domestic life quite common to the society to which the victim belonged and such petulance dischord and difference were not expected to induce a similarity circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty. " ( 7. ) FROM statements of Jai Singh (P. W. 1), Panna Das (P. W. 3), Inder Singh (P. W. 4), Panna Singh (P. W. 5), Bhadde Lal (P. W. 6), it can not be said that the deceased committed suicide as a result of abetment by the appellant. There is no evidence to state that something happened soon before the incident so as to lead the deceased to commit suicide. The deceased committed suicide out of her strong anger against the appellant said to be mother-in-law. On facts, no case under Section 306, IPC has been made out. As such, appellants conviction can not be sustained. ( 8. ) CONSEQUENTLY, the appeal is allowed. The deceased committed suicide out of her strong anger against the appellant said to be mother-in-law. On facts, no case under Section 306, IPC has been made out. As such, appellants conviction can not be sustained. ( 8. ) CONSEQUENTLY, the appeal is allowed. Setting aside the conviction-sentence passed by Court below vide impugned judgment in Sessions Trial No. 22/90, appellant stands acquitted of the charge under Section 306, IPC.