Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 25th June 1998 passed by the 2nd Additional Sessions Judge, Wardha in Sessions Trial No.143 of 1994, whereby the respondent/accused Yadav Daulatrao Dofe was acquitted of the offence punishable under Section 306 of the Indian Penal Code (abetment of suicide). The case arose from the suicide of Rekha Phasate, wife of Ashok Phasate (PW-4), who died by pouring kerosene on herself and setting herself on fire on 24th March 1994. According to the prosecution, the accused, a neighbour, used to abuse the deceased after consuming liquor. On the day of the incident, in the absence of her husband, the accused entered her house, abused her, threatened to kill her, caught hold of her hands, pushed and dragged her out of the house. The wife of the accused rescued her. The deceased then went inside, poured kerosene, and set herself on fire. The accused extinguished the fire to some extent. Two dying declarations were recorded: one by the Executive Magistrate (Exh.15) and another (Exh.16). In these declarations, the deceased stated that she was annoyed with the accused because of his behaviour but also said she had no harassment from anyone else in the house. The trial court acquitted the accused, finding that the dying declarations did not establish abetment of suicide. The State appealed. The High Court examined the dying declarations and found that they did not show any direct or indirect act of instigation or intention on the part of the accused to drive the deceased to commit suicide. The court noted that the deceased herself stated that she was annoyed with the accused, but there was no evidence that the accused intended or abetted the suicide. The court held that for conviction under Section 306 IPC, there must be evidence of mens rea and instigation. The trial court's findings were plausible and not perverse. The High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Ingredients of Abetment - The court examined whether the accused's acts of abusing and threatening the deceased amounted to abetment of suicide. Held that for conviction under Section 306 IPC, there must be evidence of direct or indirect act of instigation or intention to drive the victim to commit suicide. Mere abuse or quarrel, without more, does not constitute abetment. (Paras 4-6) B) Evidence Law - Dying Declaration - Evidentiary Value - The dying declarations (Exhs. 15 and 16) were considered but found inconsistent and lacking in clarity regarding the accused's role. Held that a dying declaration must be clear, consistent, and reliable to form the sole basis of conviction. The declarations here did not establish that the accused intended or abetted the suicide. (Paras 3-5) C) Criminal Appeal - Acquittal Appeal - Scope of Interference - The State appealed against acquittal. Held that the appellate court should not interfere with an acquittal unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible, and no interference was warranted. (Para 6)
Issue of Consideration
Whether the respondent/accused can be convicted for abetment of suicide under Section 306 IPC based on the dying declarations of the deceased.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent/accused under Section 306 IPC.
Law Points
- Abetment of suicide requires direct or indirect act of instigation
- intention to drive victim to suicide
- Dying declaration must be clear and consistent
- Acquittal cannot be reversed unless perverse
