Case Note & Summary
The State of Maharashtra appealed against the acquittal of Narendra Devidasji Ramteke for the offence of abetment of suicide under Section 306 of the Indian Penal Code. The victim, Sau. Smita Narendra Ramteke, was found dead on 1st May 2004 due to consumption of insecticides. She had a love affair with the accused and they were married for about two years prior to the incident. The deceased had suffered multiple miscarriages and was in a state of nervous breakdown. On the day prior to her death, she had a miscarriage and was taken to a doctor. The next morning, she was found dead. The investigation was initiated after a delay of about two and a half months when the victim's elder sister lodged a complaint with the Superintendent of Police on 20th July 2004. It was alleged that a chit (suicide note) was found in a notebook kept in an almirah in the third week of June 2004, which contained allegations beyond tolerance. The trial court acquitted the accused, and the State appealed. The High Court held that the suicide note did not indicate any instigation by the accused and was found long after the incident. The deceased's history of miscarriages and nervous breakdown was the likely cause of suicide. The court found no evidence of abetment and upheld the acquittal, noting that the trial court's findings were not perverse.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Ingredients of Abetment - The court considered whether the alleged suicide note and the circumstances of the deceased's death constituted abetment to suicide. Held that mere presence of a suicide note found two months after death, without evidence of instigation or active abetment, is insufficient to sustain a conviction under Section 306 IPC. The deceased had a history of miscarriages and was in nervous breakdown, which was the likely cause of suicide. (Paras 1-6) B) Evidence - Suicide Note - Proximity and Credibility - The suicide note was allegedly found in a notebook in an almirah about two months after the incident. The court noted that the note did not indicate any instigation by the accused and was not proximate to the incident. Held that such a delayed discovery and lack of direct evidence of abetment cannot form the basis for conviction. (Paras 4-6) C) Criminal Procedure - Appeal Against Acquittal - Scope of Interference - The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. Held that the trial court's acquittal was based on proper appreciation of evidence and did not warrant interference. (Para 6)
Issue of Consideration
Whether the acquittal of the respondent for offence under Section 306 IPC was justified given the alleged suicide note and circumstances of the deceased's death.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Adhoc Additional Sessions Judge-2, Wardha in Sessions Trial No.159/2004 dated 26th March 2009 is confirmed.
Law Points
- Abetment of suicide
- Section 306 IPC
- ingredients of abetment
- instigation
- suicide note
- proximate cause
- delay in lodging FIR
- miscarriage
- nervous breakdown
