Case Note & Summary
The appellant, Smt. Prabhawatibai Dupare, mother of the deceased Suprema, filed a criminal appeal challenging the judgment and order dated 4.9.2009 passed by the District Judge-9 and Assistant Sessions Judge, Nagpur in Special Criminal Case 21 of 2007. The trial court had acquitted respondent No.1, Milind alias Goldi Jaiswal, of offences punishable under Section 306 of the Indian Penal Code (IPC) and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant alleged that the accused instigated her daughter to commit suicide and subjected her to caste-based humiliation. The deceased Suprema was married to Mahendra Dupare, and the accused was allegedly involved in an extramarital relationship with her. The appellant claimed that the deceased left a suicide note naming the accused as responsible for her death. However, during trial, the suicide note was not produced or proved as evidence. The appellant argued that the investigating officer failed to place the suicide note on record. The High Court heard the appeal after the appellant's counsel was changed due to her dissatisfaction. The court examined the evidence and found that the prosecution witnesses did not support the case of abetment. The deceased's husband and other witnesses turned hostile. The court held that there was no evidence of instigation or active participation by the accused to drive the deceased to suicide. The suicide note, not being proved as a dying declaration, could not be relied upon. The court also noted that the offence under the Atrocities Act requires intentional insult or intimidation with intent to humiliate in public view, which was not established. The High Court concluded that the trial court's acquittal was based on a plausible appreciation of evidence and was not perverse. Accordingly, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Ingredients of abetment - The court examined whether the accused instigated the deceased to commit suicide. Held that mere harassment or cruelty without direct instigation or intention to drive the victim to suicide does not constitute abetment. The prosecution failed to prove any act of instigation or active participation by the accused. (Paras 4-6) B) Evidence Law - Dying Declaration - Suicide Note - The appellant sought to rely on a suicide note allegedly written by the deceased. Held that the suicide note was not proved in evidence as it was not exhibited or marked during trial. The court cannot consider unproved documents. (Para 3) C) Criminal Procedure - Appeal Against Acquittal - Scope of Interference - The court reiterated that an 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 not vitiated. (Para 6) D) Atrocities Law - Offence under Section 3(1)(xi) of SC/ST Act - Intent to Humiliate - The court noted that the prosecution failed to establish that the accused intentionally insulted or intimidated the deceased with intent to humiliate her in public view. The acquittal under this section was also upheld. (Para 5)
Issue of Consideration
Whether the acquittal of the accused for offences under Section 306 IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is sustainable in law.
Final Decision
Appeal dismissed. The judgment and order of acquittal dated 4.9.2009 passed by the District Judge-9 and Assistant Sessions Judge, Nagpur in Special Criminal Case 21 of 2007 is confirmed.
Law Points
- Abetment of suicide requires direct or indirect acts of instigation
- intention to drive victim to commit suicide
- and proximity between instigation and suicide
- Suicide note not proved as dying declaration when not exhibited or proved in evidence
- Acquittal cannot be reversed unless perverse or unreasonable
