The Bombay High Court, Aurangabad Bench, addresses the appeal of Mohammad Ejaz against his conviction under Sections 498-A (cruelty by husband or relatives) and 306 (abetment to suicide) of the Indian Penal Code (IPC). The court quashed the conviction due to inconsistencies in evidence, particularly multiple problematic dying declarations and lack of strong evidence to prove the accused's direct role in abetting suicide.

Factual Background:

• Marriage and Relationship: Mohammad Ejaz married Shahana Begum. After two years of marriage, the relationship deteriorated, leading to alleged cruelty and suspicion of Shahana's fidelity by Mohammad and his family.
• Previous Suicide Attempt: Shahana previously attempted to end her life by consuming phenyl, but her family intervened. Later, the abuse allegedly continued.
• Incident: On May 29, 2000, Shahana Begum immolated herself after an alleged fight with her husband. She sustained 92% burns and eventually succumbed to her injuries.
• Prosecution's Evidence: Three dying declarations were recorded, where Shahana implicated her husband and in-laws, alleging mental harassment and doubts about her character.
• Trial Outcome: Mohammad Ejaz was convicted under Sections 498-A and 306 IPC, but his in-laws were acquitted.

Appeal Findings:

• Dying Declarations: The High Court found inconsistencies in the three dying declarations, including issues with timing, lack of a certification of fitness, and inconsistencies in content.
• Evidence of Harassment: The court noted that while there were claims of harassment, there was no corroborative evidence to prove that Mohammad Ejaz directly abetted Shahana’s suicide or consistently engaged in cruelty.
• Conclusion: The conviction was set aside due to the lack of conclusive evidence and procedural lapses in the dying declarations.

Ratio Decidendi:

1. Inconsistent Dying Declarations: The court emphasized the importance of consistency in multiple dying declarations. Since the declarations in this case were inconsistent and lacked corroboration, they were deemed unreliable.
2. Lack of Mens Rea and Evidence of Abetment: To convict under Section 306 IPC, the prosecution must establish a direct role or instigation by the accused to compel the deceased to commit suicide. In this case, such evidence was missing.

Acts and Sections Discussed:

1. Section 498-A, IPC: Cruelty by husband or relatives. The court highlighted that mere allegations of suspicion or harassment without clear evidence do not constitute cruelty under this section.
2. Section 306, IPC: Abetment of suicide. The court held that there was no proximate cause or positive act of instigation by Mohammad Ejaz that could have driven Shahana to take her life.

Subjects:

 #Criminal Law, #Abetment of Suicide #IPC #Section498A #Section306 #DyingDeclarations #Cruelty