Case Note & Summary
The State of Maharashtra appealed against the acquittal of respondents/accused in a case of alleged abetment to suicide. The deceased Sindhu was married to the son of accused nos. 1 and 2. The prosecution alleged that the accused ill-treated and abused the deceased for not transferring 10 acres of land, and on the day of the incident, accused nos. 2 and 3 abused her and her parents, leading her to pour kerosene and set herself on fire. The dying declaration recorded by the Executive Magistrate stated that the deceased set herself on fire after being abused. The trial court acquitted the accused, holding that the prosecution failed to prove abetment to suicide under Section 306 IPC. The High Court, in appeal, examined the evidence, including the dying declaration and testimony of witnesses. The court found that the deceased acted on her own volition and there was no instigation by the accused to commit suicide. The court held that mere abuse or harassment does not constitute abetment to suicide unless there is a direct or indirect act of instigation. The trial court's acquittal was based on proper appreciation of evidence and was not perverse. The appeal was dismissed, and the acquittal was confirmed.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 Indian Penal Code, 1860 - Instigation - The court considered whether mere abuse and ill-treatment constitute instigation to commit suicide. Held that for an offence under Section 306 IPC, there must be a direct or indirect act of instigation, and the deceased must have acted on the accused's instigation. In this case, the deceased acted on her own volition after being abused, and there was no evidence that the accused intended or instigated her to commit suicide. (Paras 10-12) B) Evidence Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Reliability - The dying declaration of the deceased was recorded by an Executive Magistrate and was found to be voluntary and truthful. However, the declaration did not implicate the accused for abetment to suicide; it only stated that the deceased set herself on fire after being abused. The court held that the dying declaration did not prove the offence under Section 306 IPC. (Paras 7-9) C) Criminal Procedure - Appeal Against Acquittal - Section 378 Code of Criminal Procedure, 1973 - Scope of Interference - The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings of the trial court are perverse or unreasonable. The trial court's acquittal was based on proper appreciation of evidence and was not perverse. (Para 13)
Issue of Consideration
Whether the respondents/accused abetted the suicide of deceased Sindhu by their alleged ill-treatment and abuse, and whether the trial court's acquittal was perverse.
Final Decision
The High Court dismissed the appeal and confirmed the acquittal of the respondents/accused.
Law Points
- Abetment to suicide requires direct or indirect act of instigation
- not mere harassment or abuse
- Dying declaration must be voluntary and truthful
- Acquittal cannot be reversed unless perverse or unreasonable
