The Punjab and Haryana High Court upheld the order of the trial court which acquitted the accused in abetment to suicide of his wife for dowry demand and observed that to constate abetment, the intention and involvement of the accused to aid or instigate the commission of the suicide is imperative and any severance or absence of any of these constituents would militate against the indictment.
Brief Facts:
The accused was booked by the court under Section 306 of IPC for allegedly abetting the suicide of the deceased due to harassment made on account of the demand for dowry. The trial court had acquitted the accused and the present appeal is filed by the state against that order.
Contentions of the Applicant:
The learned state counsel argued that the trial court had failed to apply its judicious mind while examining both the oral as well as documentary evidence on record, which unerringly pointed towards the guilt of the respondents. It was further argued that eleven prosecution witnesses were examined and they had supported the case of the prosecution and the judgement of the trial court is thus legally unsustainable.
Contentions of the Respondent:
The learned counsel appearing for the respondents argued that the respondents never subjected the deceased to cruelty due to insufficiency of dowry and the couple was residing happily for the last about 18 years. It was further contended that it was unbelievable that a lady would be harassed in connection with the demand of dowry after 18 years of marriage and the ingredients of the offences under Section 306 IPC were completely missing in the case.
Observations of the Court:
The court observed that the act of the accused of insulting the deceased by using abusive language or maltreatment will not, by itself, constitute the abetment of suicide and the prosecution is obliged to prove and lead sufficient evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. The court further stated that to constate abetment, the intention and involvement of the accused to aid or instigate the commission of the suicide is imperative and any severance or absence of any of these constituents would militate against the indictment.
The court stated that the father of the deceased had admitted that no complaint regarding any misbehavior or maltreatment by her husband and admitted that the accused did not make any dowry demand at the time of marriage.
The court further stated that the prosecution witnesses had leveled vague allegations against the respondents and could not withstand the test of cross-examination. The court further observed that the fact that the deceased committed suicide in the matrimonial home does not by itself make her in-laws and husband liable for harassment and abetment to suicide.
The decision of the Court:
The court dismissed the appeal and upheld the judgment passed by the trial court.
Case Title: State of Haryana vs. Darshan Lal and Anr.
Coram: Hon’ble Mr. Justice N.S Shekhawat
Case No.: CRA-S-1536-SB-2007 (O&M)
Advocate for the Applicant: Ms. Sheenu Sura, DAG Haryana
Advocate for the Respondent: Mr. S.P Arora, Mr. Himmat Singh Sidhu
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