Indian Penal Code, 1860
Section 306—Abetment of suicide—Refusal by High Court to discharge appellants - accused—Appeal—Deceased has committed suicide after twelve years of marriage—Mere allegations of harassment are insufficient to establish guilt—Act of abetment must explicitly demonstrated through actions or behaviors of the accused that directly contributed to the victim’s decision to take their own life—Alleged incident of selling of gold ornaments and subsequent physical and mental harassment, as alleged, occurred almost a year before the FIR was registered at the instance of the father of deceased—Mere harassment and issues between the wife and her husband along with the in-laws do not appear to create a scenario where she was left with no option other than to end her life—Absence of mens rea to instigate suicide of deceased—Prima facie, it appears that the appellants did not have requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased—Ingredients for offence under Section 306 of IPC are not made out even on a preliminary analysis of the material on record—Appellants cannot be charged under Section 306 of IPC and thus deserve to be discharged for the same.
[Paras 20 to 24, 26 & 27]
Section 498A—Cruelty and dowry harassment—Refusal by High Court to discharge appellants - accused—Appeal—Deceased has committed suicide after twelve years of marriage—Merely because she did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment—Allegations with specific instances stated by the informant and other witnesses prima facie constitute a case for offence under Section 498A of IPC—Deceased was subjected to physical as well as mental cruelty by her husband and in-laws—There is also the specific instance related to the alleged selling of the gold ornaments and subsequent cruelty upon the demand for return made by the deceased—A preliminary analysis, as required during the stage of charge-framing, points towards the probable commission of the offence of cruelty as provided under Section 498A of IPC—Appellants cannot be discharged for offence under Section 498A of IPC and should be charged with and tried for the same.
[Paras 11 to 15]