Case Note & Summary
The appellant, Surendra Goswami, was convicted by the 4th Ad hoc Additional Sessions Judge, Nagpur, for offences under Sections 306 and 498A of the Indian Penal Code (IPC) for allegedly abetting the suicide of his wife, Rekha, and subjecting her to cruelty. The marriage took place in 1994, and the couple had two children. The prosecution alleged that after the birth of their first child, Rekha was assaulted and driven out of the house, and later, after a reconciliation, she was again harassed for money. Rekha committed suicide on 15 September 1997. The appellant's parents were acquitted. The High Court, on appeal, examined the evidence, including the testimony of the deceased's brother (PW2) and other witnesses. The court found that the prosecution failed to prove any act of instigation or direct nexus between the alleged cruelty and the suicide. The demand for money was not clearly established, and the deceased's statement that she would harm herself was not communicated to the appellant. The court held that the presumption under Section 113A of the Evidence Act could not be invoked as the foundational facts were not proved. Consequently, the convictions under Sections 306 and 498A IPC were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Instigation - The prosecution must prove that the accused instigated or provoked the deceased to commit suicide; mere harassment or cruelty without direct nexus to the suicide is insufficient. Held that the evidence did not establish any act of instigation by the appellant (Paras 10-15). B) Criminal Law - Cruelty by Husband - Section 498A IPC - Dowry Demand - The allegation of demand of money must be proved beyond reasonable doubt. Held that the evidence of demand was vague and uncorroborated, and the conviction under Section 498A was not sustainable (Paras 16-18). C) Evidence Act - Presumption as to Abetment of Suicide - Section 113A - The presumption under Section 113A of the Evidence Act is not automatic; it arises only if the prosecution proves that the deceased committed suicide within seven years of marriage and that the accused subjected her to cruelty. Held that the prosecution failed to establish the foundational facts for the presumption (Paras 12-14).
Issue of Consideration
Whether the conviction of the appellant under Sections 306 and 498A of the Indian Penal Code is sustainable on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence under Sections 306 and 498A IPC set aside. Appellant acquitted.
Law Points
- Abetment to suicide requires direct or indirect act of instigation
- Section 306 IPC
- Section 498A IPC
- presumption under Section 113A Evidence Act
- cruelty must be proximate to suicide
