Acquittal:- Section 306 IPC Abetment of suicide Accused persons, husband and inlaws allegedly harassing victim, resulting in victim committing suicide by hanging Conviction of accused Appeal against conviction
[ CHHATTISGARH HIGH COURT ]
Chhannu vs State of MP CRA 2537/99 06/11/17
• Section 306 IPC Abetment of suicide Accused persons, husband and inlaws allegedly harassing victim, resulting in victim committing suicide by hanging Conviction of accused Appeal against conviction – It is clear from the admission of mother of the deceased that the deceased never complained of any assault on her before her death Deceased had complained of assault on her during her last visit to her maternal house before her death, but no report had been lodged in this regard nor any panchayat meeting was called – From the evidence on record, it appears that no grievous issue was involved between the deceased and her in-laws which could abet her to commit suicide – Merely because the deceased committed suicide in her matrimonial house, her in-laws and husband cannot be charged for harassment and abetment to commit suicide – Though the deceased committed suicide in her matrimonial house yet there is no conclusive evidence against her inlaws and husband, i.e., the appellants to hold them guilty – Consequently, present appeal is allowed – Accused acquitted of charges.
Relevant Paras
15. Baliram (PW7), brother-in-law (Jija) of the deceased has stated that once he had gone to the matrimonial house of the deceased. At that time, the Appellants had not talked to him, therefore, he had returned therefrom. At that time, the deceased had told him that whenever any of her relatives visits there, they do not talk to the relative. She had also told him that after returning of the relative, they beat her. In paragraph 6 of his cross-examination, he has admitted that this incident took place before 2 years of the death of the deceased. He further admitted that during those 2 years, he never listened about any beating given to the deceased by her in- laws. From the above also, the prosecution case does not find support.
16. Chintaram (PW3) has admitted that Jamunbai was suffering from head ache and due to which she was disturbed. Budhiyarinbai (PW4) has also admitted that Jamunbai was suffering from head ache and that was being got treated by her in-laws.
17. From the above discussion, it is clear that though deceased Jamunbai committed suicide in her matrimonial house yet from the evidence on record it is clear that the deceased used to visit her maternal house on every occasions of Tija festival and return thereafter to her matrimonial house. Her maternal relatives also used to visit her at her matrimonial house. According to Budhiyarinbai (PW4), mother of the deceased, the deceased happily came to her maternal house on every occasions of Tija festival and she never refused to return to her matrimonial house. It is also clear from the admission of the mother of the deceased that the deceased never complained of any assault on her before her death. The deceased had complained of assault on her during her last visit to her maternal house before her death, but no report had been lodged in this regard nor any panchayat meeting was called. From the evidence on record, it appears that no grievous issue was involved between the deceased and her in-laws which could abet her to commit suicide. Merely because the deceased committed suicide in her matrimonial house, her in-laws and husband cannot be charged for harassment and abetment to commit suicide. Though the deceased committed suicide in her matrimonial house yet there is no conclusive evidence against her in-laws and husband, i.e., the Appellants to hold them guilty.
18. In the result, the appeal is allowed. The impugned judgment of conviction and sentence is set aside. The Appellants are acquitted of the charge framed against them.
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