Case Note & Summary
The appellants, S. Ravi, Sridhar, S. Rangaswamy @ Ranga, and Mallikarjuna @ Chuma Ravi, were convicted by the IV Additional Sessions Judge, Mysore in S.C. No. 87/2011 for the offence punishable under Section 306 read with Section 34 IPC and sentenced to rigorous imprisonment for three years and a fine of Rs. 5,000 each, with a default sentence of six months simple imprisonment. The conviction was based on allegations that the appellants abetted the suicide of the deceased. The appellants preferred an appeal under Section 374(2) Cr.P.C. before the High Court of Karnataka. The High Court, after re-appreciating the evidence, found that the prosecution had failed to prove that the appellants instigated or abetted the deceased to commit suicide. The evidence of witnesses was inconsistent and did not establish any direct or indirect act of instigation. The court held that the conviction was not sustainable and allowed the appeal, setting aside the conviction and sentence and acquitting the appellants.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Conviction set aside - The appellants were convicted for abetment of suicide of the deceased. The court held that the prosecution failed to prove that the accused instigated or abetted the deceased to commit suicide. The evidence of witnesses was inconsistent and did not establish any direct or indirect act of instigation. The appeal was allowed and the appellants were acquitted. (Paras 1-10) B) Criminal Procedure - Appeal against conviction - Section 374(2) Cr.P.C. - The appeal was filed under Section 374(2) Cr.P.C. against the judgment of conviction and sentence passed by the IV Additional Sessions Judge, Mysore in S.C. No. 87/2011. The High Court re-appreciated the evidence and found that the prosecution had not proved its case beyond reasonable doubt. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellants under Section 306 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment of conviction and order of sentence dated 24.03.2012 passed by the IV Additional Sessions Judge, Mysore in S.C. No. 87/2011 is set aside. The appellants are acquitted of the offence punishable under Section 306 read with Section 34 IPC.
Law Points
- Abetment of suicide
- Section 306 IPC
- Section 34 IPC
- standard of proof
- circumstantial evidence
- instigation
- mens rea
