Indian Penal Code, 1860
Sections 306 & 498A—Cruelty and abetment of suicide—Conviction—There exists no evidence on record indicating that the deceased was meted out with harassment by the appellants just before her death—To convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence—It also requires an active act or direct act—Prosecution has to establish that the deceased committed suicide and appellant abetted the commission of suicide—Both elements are absent—Regarding offence under Section 498A of IPC no other evidence than the interested witnesses—FIR was lodged three weeks after the death of deceased—Trial court wrongly convicted the appellant and High Court was not justified in upholding the same—Conviction set aside.
[Paras 30, 34 to 38 & 43]