Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 183 (GUJ)

URMIBEN W/O GANPATLAL THAKKAR v. STATE OF GUJARAT

2018-01-19

SONIA GOKANI

body2018
JUDGMENT : 1. This is an appeal under Section 372 read with Section 378 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’), against the judgment and order of acquittal passed by the learned 3rd Additional District & Sessions Judge, Banaskantha at Deesa, Dated: 26.10.2016, in Sessions Case No. 17 of 2014, acquitting the original accused-private respondents, herein, for the offence punishable under Sections 306 and 114 of the Indian Penal Code, 1860 (for short, ‘the IPC’). 2. The facts in brief, which led to the preferring of the present appeal would be required to be reproduced at this stage: 2.1 The appellant is the mother of the deceased, namely Lalo @ Jitendra. Her husband lodged a complaint with Shihori Police Station being I-C.R. No. 58 of 2013, alleging inter alia that his son committed suicide, as a result of the physical and mental cruelty meted out to him by Respondent Nos. 2 and 3, herein. 2.2 It appears that the deceased was arraigned as an accused in FIR being I-C.R. No. 107 of 2013, registered with Shihori Police Station for the offence punishable under Sections 302, 201, 120-B and 34 of the IPC, wherein, it was alleged that one Manga @ Dhananjay, who happened to be the nephew of Respondent No.2, herein, went missing for a number of days and even, his corpus could not be traced by the police till date. It is alleged that the deceased and another accused, pursuant to a conspiracy, done away with the nephew of Respondent No.2, namely Manga. The FIR, in respect of missing of Manga, came to be lodged in the month of November, 2013, whereas, the son of the complainant, herein, namely Jitendera, ended his life on 02.06.2013. Therefore, an FIR being I-C.R. No. 58 of 2013 came to be lodged with Shihori Police Station for the offence punishable under Section 306 read with Section 114 of the IPC, alleging inter alia that when the deceased, Jitendra, went to purchase goods in the afternoon, his mobile was found switched off and on inquiring about his whereabouts, he could not be found and eventually his body was found hanging on Neem tree. 2.3 It is the case of the first informant that on 09.06.2013, his son, Jitendra, and the nephew of Respondent No.2, namely Manga, went to the temple of Ashapura Mataji and while they were returning, Manga got down at Bhachau, saying that he was going for his job. However, later on, Manga went missing. Therefore, Respondent No.2 and his friends went on inquiring from the son of first informant, the whereabouts of Manga, although, Jitendra continued to deny of having any knowledge about Manga. They were, therefore, after his life and gave him unbearable torture. 2.4 It appears that after the registration of I-C.R. No. 58 of 2013, the investigation was carried out, inquest panchnama was drawn so also the panchnama of the place of offence. Post mortem of the body of the deceased Jitendra was also carried out and the Doctor found this to be a case of death due to asphyxia due to hanging. After once, the charge-sheet came to be filed, the case was numbered as Criminal Case No. 896 of 2013 by the learned Judicial Magistrate, First Class, Shihori. However, since, the case was triable by the Court of Sessions, it was committed before the Sessions Court at Deesa under Section 209 of the Code and was renumbered as Sessions Case No. 17 of 2014. 2.5 At the time of trial, since, the accused did not plead guilty, the prosecution examined as many as 11 witnesses, the details whereof are as under: PROSECUTION WITNESS NUMBER NAME OF THE WITNESS EXHIBIT NUMBER 1 Ganpatlal Dalsukhram Thakkar, Complainant 14 2 Jayantilal Ganpatlal Thakkar, Panch 21 3 Vardhilal Ganpatlal Thakkar, Panch 25 4 Dhirajbhai Dalsukhram Thakkar, Witness 32 5 Hashmukhlal Dalsukhram Thakkar, Witness 33 6 Nitinkumar Dhirajlal Thakkar, Witness 34 7 Urmiben Ganpatlal Thakkar 35 8 Hetalben Ganpatlal Thakkar 38 9 Dr. Davendra Nagindas Parmar, Medical Officer 40 10 Aajamkhan Amrutkhan, Head Constable 46 11 Shaileshkumar Babubhai, IO 48 2.6 Over and above the same, the prosecution also adduced the following documentary evidences: DOCUMENTARY EVIDENCE NUMBER PARTICULARS EXHIBIT NUMBER 1 Certified copy of the complaint 18 2 Certified copy of Accidental Death Note 08/2013 20 3 Certified panchnama of place of offence 22 4 Panch Slip 5 Certified copy of arrest panchnama 24 6 Certified copy of Inquest Panchnama 26 7 Suicide Note (Chitthi) 27 8 PM report 41 9 Memorandum issued for carrying out PM 42 10 Receipt issued for handing over the body of the deceased 43 11 Death certi 44 12 Memorandum issued for carrying out medical examination of the accused 45 13 Catalogue 47 14 Memorandum issued for carrying out Inquest Panchnama 49 15 Form-B of Post mortem 50 16 Acknowledgment of delivery of dead body 51 17 Catalogue 52 18 Panchnama of recovery of handwriting 53 19 Arrest panchnama of accused Kanaiyalal 54 20 Acknowledgment for receiving muddamal articles from FSL 55 21 Memorandum issued to FSL for sending muddamal articles for scientific analysis 56 22 Letter issued by FSL to the IO to collect muddamal articles 57 23 FSL Report 58 2.7 After denial of incriminating material in the statements recorded under Section 313 of the Code, both the sides were heard, at length, and after due examination of the material on record, the Court concluded in favour of the accused-Respondent Nos. 2 and 3, herein. 3. Hence, the present appeal before this Court. 4. It is argued fervently by the learned Advocate, Mr. Goswami, appearing for the appellant that Section 306 of the IPC would be attracted in case of both the respondents having not only incited but also instigated the deceased to end his life by goading, torture and harassment in respect of the inquiry made of the nephew of Respondent No.2. It is, further, urged that had there been a case of false complaint, the parents of the deceased Manga, who happened to be nephew of Respondent No.2, would have also been roped in. He urged that with the torture meted out by Respondent No.2 and his friend, the deceased, Jitendra, had no other go but to end his life. It is, further, urged that had there been a case of false complaint, the parents of the deceased Manga, who happened to be nephew of Respondent No.2, would have also been roped in. He urged that with the torture meted out by Respondent No.2 and his friend, the deceased, Jitendra, had no other go but to end his life. It is, further, urged that the ingredients of Section 107 of the IPC are duly proved by the prosecution in this case and yet, the trial Court chose not to accept the same in complete disregard of the settle principles of law on the subject. He, further, urged that the ingredients of Section 107 of the IPC, if, are closely examined, this case would fall within the ambit of the said provision as it was an act of intentionally aiding and doing of the things illegally by instigating the deceased, Jitendra, who was young and innocent to commit the act of suicide. He, further, urged that this being a mental process of instigating a person, the active roles of the accused have been brought on record, and therefore, while assessing the facts and circumstances, which have been brought on record by way of evidences, both oral as well as documentary, the trial Court ought to have appreciated the same and ought to have convicted the accused-respondent Nos. 2 and 3. 5. Learned APP, Mr. Raval, also supported the case of the appellant and urged that there is sufficient material adduced by the prosecution, and therefore, the trial Court ought to have held against the accused-Respondent Nos. 2 and 3. 6. On thus having heard learned Advocate for the appellant so also the learned APP, this appeal is being dismissed in liminie. 6.1 Section 306 of the IPC to be attracted should be a case of suicide and the person, who is said to have aided the commission of suicide, ought to have played an active role by acting or instigating or by doing certain acts to facilitate the commission of suicide. Therefore, the onus is on the prosecution to prove that the person charged with the said offence must have abetted the act of commission of suicide, to bring the case under the provisions of Section 306 of the IPC. Both the provisions of Section 306 and Section 107 of the IPC would deserve reproduction at this stage, “107. Therefore, the onus is on the prosecution to prove that the person charged with the said offence must have abetted the act of commission of suicide, to bring the case under the provisions of Section 306 of the IPC. Both the provisions of Section 306 and Section 107 of the IPC would deserve reproduction at this stage, “107. Abetment of a thing:- A person abets the doing of a thing, who— First: -Instigates any person to do that thing; or Secondly: -Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes 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. XXX XXX XXX 306. Abetment of suicide: - If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 6.2 The legal position, which has been settled with respect to Section 306, as rendered in the case of ‘RAMESH KUMAR VS. STATE OF CHHATTISGARH’, (2001) 9 SCC 618 , wherein, it was held that there must be a reasonable certainty to incite the consequence. When there is a question, whether a person abetted the suicide of another person by instigating a person to so do it. Instigation is “to goad, provoke, incite or encourage to do an act”. 6.3 In ‘RANDHIR SINGH AND ANOTHER VS. STATE OF PUNJAB’, AIR 2004 SC 5097 , the Apex Court has further clarified the legal position with regard to Section 306 of the IPC by holding that the abetment involves a mental process of instigating a person and intentionally aiding a person in committing suicide. The relevant observations read thus: “12. Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing it required before a person can be said to be abetting the commission of offence under Section 306 of IPC. 13. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing it required before a person can be said to be abetting the commission of offence under Section 306 of IPC. 13. In State of West Bengal v. Orilal Jaiswal ( AIR 1994 SC 1418 ) this Court has observed that the Courts 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 hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly 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.” 6.4 In ‘WEST BENGAL V. ORILAL JAISWAL’, AIR 1994 SC 1418 , the legality and validity of the judgment and order of passed by the Kolkata High Court was challenged before the Apex Court, whereby, it set aside the judgment and order of conviction and sentence passed by the trial Court and acquitted the Respondent-accused, Orilal Jaiswal, and his mother. 6.5 The case of the prosecution was that the appellant and the deceased got married in the year 1997 and two sons were born out of the said wedlock and they were staying in Kolkata in connection with the work. He developed extramarital relationship with a lady named, Anita, to which the deceased objected to. He, therefore, sought permission of the deceased to marry Anita, which was naturally refused by her. He, therefore, started harassing the deceased physically and mentally. Once again, he tried to take consent of her consent of the deceased after a few days in order to marry Anita and the refusal had continued. He, therefore, sought permission of the deceased to marry Anita, which was naturally refused by her. He, therefore, started harassing the deceased physically and mentally. Once again, he tried to take consent of her consent of the deceased after a few days in order to marry Anita and the refusal had continued. It was alleged by the prosecution that the deceased was led to end her life by consuming poison or hanging herself and three months prior to the death of the deceased, Anita was brought to his house and the wearing of bangels etc. by her showed that she had already performed marriage with the husband of the deceased. Further, the deceased was assaulted by Anita. According to the prosecution, on the next day morning the deceased was found to be hanging on the ceiling of the house. In the circumstances, the Apex Court considered the issue, of the applicability of Section 306 of the IPC and the question of abetment of suicide under Section 107 of the IPC. 6.6 The Apex Court referring to the decision of the ‘RANDHIR SINGH AND ANOTHER VS. STATE OF PUNJAB’ (Supra) and ‘WEST BENGAL V. ORILAL JAISWAL’, held and observed that before holding an accused guilty for the offence under Section 306 of the IPC, the Court must scrupulously examine the facts and circumstances of the case and assess the evidence adduced before it, in order to find whether the cruelty and harassment meted out to the deceased was left with no other alternative but to put an end to her life. 11. After giving our anxious consideration to the facts and circumstances of the case and the rival contentions made by the learned counsel appearing for the parties, it appears to us that the Judgment of acquittal passed by the High Court after setting aside the order of conviction and sentences passed by the learned Sessions Judge. City Sessions Court, Calcutta cannot be justified and the same is against the weight of the evidence adduced in the case. We have already indicated the reasonings of the High Court in some detail. We may indicate here that the High Court has summed up the following circumstances for the purpose of holding that a grave doubt has been raised against the prosecution story : (i) there is no satisfactory explanation of delay in lodging the FIR. We have already indicated the reasonings of the High Court in some detail. We may indicate here that the High Court has summed up the following circumstances for the purpose of holding that a grave doubt has been raised against the prosecution story : (i) there is no satisfactory explanation of delay in lodging the FIR. (ii) there is no dying declaration or suicidal note. (iii) there is no letter during the subsistence of marriage. (iv) there is no letter addressed to the mother who used to live outside Calcutta most of the time. (v) there is no complaint either by the father or father-in-law of the victim. (vi) there is no evidence regarding the injuries received by the deceased or the maltreatment. (vii) no specific date has been given when the deceased Usha had allegedly told her mother about the demand for dowry or the maltreatment and no specific date or time has been given for making such demand. (viii) although the adult members of the family of the deceased consisting of four brothers, sisters and brothers-in-law and father are though the residents of Calcutta, the deceased had never complained anything to them. (ix) the neighbour or tenants have not also been examined. It is, therefore, necessary to consider the correctness of such reasonings. So far as the explanation for the delay in lodging the F.I.R. is concerned, the learned Sessions Judge has held that the mother has given a satisfactory explanation as to why she made statement to the police on the day next to the date of incident in question. It transpires from the evidence of the mother that sometime between 12.00 to 1.00 p.m. the mother and the other family members got the information that something had happened to Usha for which she had been removed to the hospital. The elder brother Om Parkash immediately left for the hospital and thereafter the mother, father and other family members of the deceased rushed to the hospital where they came to learn that their daughter had died by committing suicide in the house of the in laws. There is no difficulty to imagine that, such news had caused a great mental shock to the mother particularly when the deceased had to end her life within 10 months from the. date of marriage. There is no difficulty to imagine that, such news had caused a great mental shock to the mother particularly when the deceased had to end her life within 10 months from the. date of marriage. If on getting the news of suicide being committed by the daughter, mother becomes unwell and is not in a proper mental frame to make any statement to the police, no exception can be taken to such conduct. It should be borne in mind that the elder brother of the deceased gave a written complaint to the police on the very day of the incident by indicating that there had not been any natural death of his sister and he felt that his sister had been murdered by her in -laws. On the very next date, the mother made a statement to the police indicating the plight of her deceased daughter and the physical and mental torture to which she was subjected to by the accused. Such statement of the mother has been treated as an F.I.R. in the case. In the aforesaid circumstances, it cannot be held that there has been unjustified inordinate delay in lodging the F.I.R. and even if the mother had become unwell after hearing the news of the daughter's death other adult members of the family could have lodged the complaint with the Police. It appears to us that the High Court has failed to note that the elder brother of the deceased had in fact made a written complaint on the very same day to the police but the same was not treated as F. I. R. by the Police and he also made a statement before the Police on the next day wherein the allegations of cruelty meted out to his sister were clearly indicated. So far as the absence of dying declaration and suicidal note is concerned, we fall to appreciate how there would be a dying declaration when it is nobody's case that Usha was alive so as to make a dying declaration. The absence of suicidal note does not appear to us an important factor in deciding the case. It is in evidence in the cast that the deceased had been complaining about the cruel treatment meted out to her. The absence of suicidal note does not appear to us an important factor in deciding the case. It is in evidence in the cast that the deceased had been complaining about the cruel treatment meted out to her. There are clinching evidences to support the prosecution case that Usha had been subjected to Mental and physical torture and she remained unhappy in the house of in-laws, and such acts of cruelty, in ordinary Course, were, likely to disturb the mental frame of the deceased and cause sufficient impulses to commit suicide. Coming to the question of absence of exchange of letters between Usha and the members of her parental family during the subsistence of marriage, we may indicate that barring the parents other members of the family were permanent residents of Calcutta itself and although the mother Used to leave Calcutta at times, she often used to come to Calcutta and it is the positive case of the mother and also the elder brother of the deceased that on a number of occasions when Usha had come to their house in Calcutta from the house of her in-laws, she had met the mother and the other members of the family. Hence it should not be held that exchange of letters was reasonably expected. 12. Coming to the question of absence of complaint either by the father or by the father-in-law of the victim, we have failed to appreciate what was meant by the learned Judges of the High Court by the absence of complaint made by the father-in-law of the victim. So far as the complaint by the father is concerned, it may be indicated that it is the evidence of the mother that she had spoken to the accused No. 2 namely the mother-in-law about the maltreatment meted out to her daughter and she also implored before the mother-in-law that the daughter should not be subjected to any abuses or humiliations. It is the prosecution case that mother-in-law abused the daughter-in-law by saying that she was a woman of evil luck and had brought misfortune to the family. It is therefore quite natural that the mother of the deceased had made complaints to her mother-in-law and had requested her not to abuse and humiliate her daughter. Hence, the question of complaint by the father was neither expected nor necessary. It is therefore quite natural that the mother of the deceased had made complaints to her mother-in-law and had requested her not to abuse and humiliate her daughter. Hence, the question of complaint by the father was neither expected nor necessary. Coming to the finding made by the High Court that there is no evidence regarding the injuries received by Usha or the maltreatment made to her. it may be indicated that the mother, elder brother, sister and other relations of-the deceased have deposed about the maltreatment and physical assault of the deceased. The doctor conducting the post mortem has noted some injuries which were ante mortem on the person of the deceased. Whether such evidences are to be accepted or not and whether the injuries, ante mortem in nature found on the person of the deceased can be explained or not are different considerations but it will not be correct to hold that there is no evidence about maltreatment given to Usha or there is absence of any evidence of injuries sustained by her before death. 13. Coming to the finding that no specific date has been given when the deceased had allegedly told her mother about the demand of dowry and mal-treatment to the deceased, it may be indicated that although exact date has not been given, there is positive evidence of the mother and the elder brother of the deceased that when after about a month of the marriage, Usha came to her parental house, she had narrated about cruelty and mental torture suffered by her in the house of the accused. She specifically complained that within a few days after her marriage the father-in-law of the accused No. 2 had died and in view of such death, she was abused and treated with cruelty by the accused No. 2. Thereafter, on other occasions also whenever she had come to the parental house, she had talked about such mal-treatment. She specifically complained that within a few days after her marriage the father-in-law of the accused No. 2 had died and in view of such death, she was abused and treated with cruelty by the accused No. 2. Thereafter, on other occasions also whenever she had come to the parental house, she had talked about such mal-treatment. Usha was alive Only for about 10 months after marriage and it is nobody's case that the deceased complained about the mal-treatment given in remote past or only on specific occasions so that exact date was required to be mentioned Coming to the finding of the High Court that the adult member of the family of the deceased consisting of four brothers, sisters and brothers-in-law and the father were residents of Calcutta but Usha had not complained anything to them and non-complaint to such close relations was not in conformity with the human conduct, we may indicate that there is no basis for such finding and such finding is contrary to the evidences adduced in the case. We have already pointed out that the deceased had complained to the mother and other members of the family about the mal-treatment and the members of the family have deposed to that effect. The prosecution case was not properly investigated by the police for which the learned Sessions Judge has rightly commented on the lapses on the part of the Investigating Officer, Sri Bimal Chandra Biswas, Sub-inspector of Police. As the Investigating Officer failed and neglected to examine the members of the family of the deceased at an early date, the learned Sessions Judge, in fairness, has not taken into consideration the evidences of the sister and other close relations of the deceased and has mainly relied on the evidence of the mother in basing his finding. Ever if it is held that the deceased had complained to her mother only about the cruel treatment meted out to her, we think that for a newly married woman, her misforture in the house of in-laws was not expected to be made public and confining to the mother was only natural. Coming to the observation of the High Court that the neighbours or the tenants have not been examined, it appears to us that in the facts of the case, no adverse inference can be drawn for such non-examination. Coming to the observation of the High Court that the neighbours or the tenants have not been examined, it appears to us that in the facts of the case, no adverse inference can be drawn for such non-examination. The abuse, and insult hurled on the daughter-in- law usually are not expected to be made public so that the neighbours may have occasions to criticise the improper conduct of the accused and hold them with disrespect and contempt. The High Court has expressed doubts about the genuineness of the case of physical torture and abuses made by the husband and the deceased for the absence of any Independent evidence given by the neighbours and cotenants about such physical assault or the abuses hurled on the wife by the accused. We have indicated that ordinarily it is not expected that physical torture or the abuses hurled on the wife by the husband and the mother-in-law should be made in such a way as to be noticed by the tenants living in the adjoining portions of the house. It is also not the case of the prosecution that the deceased was physically assaulted so violently that the neighbours came to know about such assault. It is also not the case that abuses used to be hurled loudly so that the tenants had occasions to hear them. It was therefore not necessary to examine neighbour or tenants to prove the prosecution case. In the instant case, the evidence about physical and mental torture of the deceased has come from the mother, elder brother and other close relations. Such depositions by close relations, who may be interested in the prosecution of the accused, need not be discarded simply on the score of the absence of corroboration by independent witness. Whether the evidence of interested witness is worthy of credence is to be judged in the special facts of the case. In Our view, the acts of cruelty by the accused were expected to be known by the very close relations like mother, brother, sister, etc. The evidence of the mother has been accepted by the learned Sessions Judge as worthy of credence and we do not think that the same should be discarded in the facts of the case. 14. We are not oblivious that in a criminal trial the degree of proof is stricter than what is required in a civil proceedings. The evidence of the mother has been accepted by the learned Sessions Judge as worthy of credence and we do not think that the same should be discarded in the facts of the case. 14. We are not oblivious that in a criminal trial the degree of proof is stricter than what is required in a civil proceedings. In a criminal trial however intriguing may be facts and circumstances of the case, the charges made against the accused must be proved beyond all reasonable doubts and the requirement of proof cannot lie in the realm of surmises and conjectures. The requirement of proof beyond reasonable doubt does not stand altered even after the introduction of S. 498A, I.P.C and S. 113A of Indian Evidence Act. Although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect of the offences alleged, it should be borne in mind that there is no absolute standard for proof in a criminal trial and the question whether the charges made against the accused have been proved beyond all reasonable doubts must depend upon the facts and circumstances of the case and the quality of the evidences adduced in the case and the materials placed on record. Lord Denning in Bater v. Bater, (1950) 2 All ER 458 at p. 459 has observed that the doubt must be of a reasonable man and the standard adopted must be a standard adopted by a reasonable and just man for coming to a conclusion considering the particular subject matter. 15. In Gurbachan Singh v. Satpal Singh, AIR 1990 SC 209 , Mr. Justice Sabyasachi Mukharji (as he then was) has very rightly indicated that the conscience of the court can never be bound by any rule but that is coming itself dictates the consciousness and prudent exercise of the judgment. Reasonable doubt is simply that degree of doubt which would permit a reasonable and just man to come to a conclusion. Reasonableness of the doubt must be commensurate with the nature of the offence to be investigated. Exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicions and thereby destroy social defence. Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent. Reasonableness of the doubt must be commensurate with the nature of the offence to be investigated. Exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicions and thereby destroy social defence. Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent. Letting guilty escape is not doing justice, according to law. (Emphasis supplied) 16. In the instant case, the learned Sessions Judge has come to the finding that the charges levelled against the accused have been proved by indicating cogent reasons therefor. We have already indicated that the learned Judges of the High Court have entertained a grave doubt about the correctness of the prosecution story for the circumstances indicated hereinbefore. We have analysed those circumstances and in our view the said grounds do not stand scrutiny and they are against the weight of the evidence. We may add here that 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 hypersensitive to ordinary petulance dischord and differences in domestic life quite common to the society to which the victim belonged and such petulance dischord and differences were not expected to induce a similarly 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. But in the facts and circumstances of the case, there is no material worthy of credence to hold that Usha was hyper-sensitive and that for other reasons and not on account of cruelty she had lost normal frame of mind and being overcome by unusual psychic imbalance, decided to end her life by committing suicide. The evidence adduced in the case has clearly established that Usha was subjected to abuses, humiliation and mental torture from the very beginning of her married life. The evidence adduced in the case has clearly established that Usha was subjected to abuses, humiliation and mental torture from the very beginning of her married life. Within a few days after the marriage when a newly married bride would reasonably expects love and affection from the in-laws, she was abused by the mother-in-law, the accused No. 2 by saying that the deceased was a woman of evil luck only because an elderly member in the family had died after her marriage. According to the evidence given by the mother of the deceased. the accused No. 2 even suggested that being a woman of evil luck (alakshmi) the deceased, should not live and end her life. When Usha conceived for the first time she had the misfortune of abortion. When the unfortunate daughter-in-law would reasonably expect sympathy and consolation from the mother-in-law, the evidence in this case is that the mother-in-law abused the deceased in the hospital by telling that she was a woman of evil luck. The evidence in the case reveals an act of extreme form of cruelty by telling the unfortunate mother that she was vile enough to swallow her own baby and she should commit suicide. There is also evidence in the case that the husband used to come home drunk and abuse her and also used to assault her on occasions. The bridal presents brought by their were branded as goods of inferior quality and she was asked to take the said articles back to her parental home. Such acts, to say the least, were very unkind and a newly married woman is bound to suffer a great mental pain and humiliation. Even if we do not take into consideration the demand for further dowry gifts since the case of such demand had not been indicated in the earlier statement made by the mother which was treated as F. I. R., there is no manner of doubt that the evidence of the mother which has been accepted by the learned Sessions Judge and in our there is no reason to discard the same, clearly establishes that the deceased had been subjected to physical and mental torture all throughout. It is only unfortunate that the accused No. 1, the husband. It is only unfortunate that the accused No. 1, the husband. instead of giving her solace against the humiliation and abuses hurled by the mother-in-law, either kept silent or expressed his inability to give good counselling to the mother and to protest against act of mental torture and humiliation. On the contrary, he also treated the wife with Cruelty, by telling her to take the bridal gifts back to her parental home and also by physically assaulting her. Such acts, in our view, were quite likely to destroy the normal frame of mind of the deceased and to drive her to frustration and mental agony and to end her life by committing suicide. Under explanation (a) of S. 498A, I.P.C., "cruelty" means- "any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman". 6.7 The Apex Court, thereby, partly allowed the appeal and though, it convicted the accused for the offence under Section 498-A, acquitted him of the charge under Section 306 of the IPC by giving them benefit of doubt. 7. Thus, considering the law on the subject, which is made unequivocally clear, in the decision referred to herein above. This Court shall have to examine the facts and circumstances of this case closely to find out whether, the mental process of instigating the deceased was involved and the abetment or it was an act of intentional aiding a person in putting an end to his life. In the event of conspiracy, it would involve mental process of entering into a conspiracy for doing that thing and more active role is expected to be proved for instigation or for aiding by doing a thing before a person is said to have abetted the crime of commission of suicide. It is also needed to find out, as to whether, the victim had been induced to end life by committing suicide and whether there is any proximate link of his suicide with the alleged act of abetment. Both Respondent Nos. 1 and 2 are alleged to have abetted the commission of suicide by instigating the deceased by their act of instigation and thereby, they facilitated the commission of suicide. 7.1 The term ‘Abetment’ has been defined under Section 107 of the IPC. Both Respondent Nos. 1 and 2 are alleged to have abetted the commission of suicide by instigating the deceased by their act of instigation and thereby, they facilitated the commission of suicide. 7.1 The term ‘Abetment’ has been defined under Section 107 of the IPC. A person is said to have abetted commission of offence, firstly, when he instiages a person to do a thing or sencondly her engages one or more persons in any conspiracy to do that thing and lastly, intentionally aids, an act or illegal omission for doing that act. 7.2 In the facts of the case on hand, the prosecution witnesses have spoken of mental and physical cruelty meted out to the deceased by Respondent Nos. 1 and 2, one of them, i.e. Respondent No.1, who happened to be the maternal uncle of the deceased Manga, who was also a friend of the deceased, Jitendra, who also went missing about a few days before the death of Jitendra. 7.3 This Court notices that the complainant, Ganpatbhai, had admitted that his son, Jitendra, and nephew of Respondent No.1, namely Manga, were best friends. They had left together to visit the temple of Ashapura Mataji and his son had returned after about three days, however, the nephew of Respondent No.1, namely Manga, never returned. On inquiry, it was answered that Manga had got down from the bus near Bhachau, saying the deceased Jitendra that he was going for his job. The first informant had also admitted that Respondent No.1 and his family members were suspicious of the deceased, Jitendra, having killed Manga. It may be noted that the family of the complainant had also supported the search of the deceased, Manga. 7.4 The depositions of other witnesses and of the IO also do not reveal of any complaint having been made by the deceased, Jitendra, of any physical torture coupled with any mental torture by the Respondent Nos. 1 and 2. Further, no injury was found on the person of the deceased, Jitendra, in the PM report, except, ligament mark for his having ended his life by hanging himself. In the suicide note that he has left behind what is stated is that he does not know anything about the death of Manga and he is innocent and his mistake should be pardoned. In the suicide note that he has left behind what is stated is that he does not know anything about the death of Manga and he is innocent and his mistake should be pardoned. Further, the deceased, Jitendra, had asked his mother to take care of both of his siblings. It is painful for parents to see their wards ending the life in the manner the deceased has done. However, for believing complicity of the respondents in committing crime ingredients of Section 107 of the IPC are needed to be satisfied and proved beyond reasonable doubt. 7.5 In the backdrop of the missing of Manga, i.e. the nephew of Respondent No.1, when his family members were worried and when Respondent No.1 inquired from the deceased, Jitendra, about the missing Manga, who happened to be the close friend of Manga, who later on committed suicide. Considering the evidence adduced on record by the prosecution, when the trial Court acquitted the accused-Respondent Nos. 1 and 2 of the offence punishable under Section 306 of the IPC, having satisfied that there is no abetment as defined under Section 107 of the IPC. 8. Resultantly, this appeal fails and is DISMISSED liminie. The judgment and order of trial Court Dated: 26.10.2016, in Sessions Case No. 17 of 2014 is CONFIRMED. Office to send back R&P to the Court concerned, FORTHWITH.