Case BriefsHigh Courts

Chhattisgarh High Court: The Bench of Arvind Singh Chandel, J., while addressing an instant revision being preferred against the charges framed under Sections 306 and 201 read with Section 34 of Penal Code, 1860 stated that, “The word “instigate” means to goad, urge forward, provoke, incite or encourage to do an act.”

Factual matrix of the case is that, marriage between Applicant 1 (husband) and the deceased was solemnized on 06-12-2013 and on the intervening night, deceased committed suicide by consuming some poisonous substance. Allegations against the applicants (Applicant 1-Husband, Applicant 2 & 4- Elder brother and Sister-in-Law of Applicant 1 and Applicant 3-Mother-in-Law) were that they were harassing deceased physically and mentally. Trial Court had framed charges under Section 306 and 201/ read with Section 34 of Penal Code, 1860 against the applicants.

S.C. Verma and Harshvardhan Parganiha, Advocates representing the applicants submitted that the Additional Sessions Judge committed manifest illegality in framing charges against the applicants. As per the prosecution story, deceased committed suicide due to excess sexual act by her husband with her and there was an illicit relationship of Applicant 1 with Applicant 4. On the basis of the stated facts no offence is made out under Sections 306 and 201 read with Section 34 of Penal Code, 1860.

Sangharsh Pandey, Deputy Government Advocate, submitted that there is sufficient material available for presuming that applicants have committed the offence and there is no illegality on the impugned order.

The Court on considering the facts and circumstances of the case, stated that “for making liable for an offence punishable under Section 306 of Penal Code, 1860 it is the duty of prosecution to establish that such person has committed “abetment of suicide”, it is necessary for the determination of the act of the accused to see that his act falls under any of the three ingredients mentioned under Section 107 of Penal Code, 1860.

Reference was made to several decisions of the Supreme Court in, Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618, Gangula Mohan Reddy v. State of A.P., (2010) 1 SCC 750; in which it was stated that “Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.”

Therefore, the High Court while concluding its decision stated that the spot map shows that the deceased was living separately along with her husband/Applicant 1 in a room situated on the first floor of her matrimonial house, which negates the allegation of her not being allowed to talk at her maternal house without the phone on being speaker. Along with the stated the other allegations against the applicant also if considered for the sake of arguments to be true, they do not stand to be covered under the word “instigation” as defined under Section 107 of Penal Code, 1860.

The revision was allowed by the High Court and accordingly on no material being available for framing of charge against the applicant they were discharged from the charges. [Devanand Chandwani v. State of Chhattisgarh, 2019 SCC OnLine Chh 19, Order dated 01-03-2019]

Case BriefsHigh Courts

Delhi High Court: The Bench of Sanjeev Sachdeva, J. discharged the petitioner-wife of the offence under Section 306 IPC for allegedly abetting suicide of her husband.

Petitioner was wife of the deceased who committed suicide in 2015. It was alleged that on 31-7-2015, petitioner had slapped the deceased in front of other family members. On 02-08-2015, the deceased attempted to commit suicide and expired on the next day. Alleged suicide note was also discovered from his bed. An FIR was registered as per which deceased committed suicide as he was upset about petitioner slapping him. According to the trial court, there was prima facie material against petitioner to frame a charged under Section 306. Petitioner impugned trial court’s order in the present petition.

Lohit Ganguly, Advocate for the petitioner submitted that the trial court failed to appreciate that the material did not suggest that petitioner instigated the deceased to commit suicide.

The High Court referred to Section 107 (abetment of a thing); and decisions in Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618 where Supreme Court laid down as to what conduct amounts to incitement or instigation; and Pawan Kumar v. State of H.P., (2017) 7 SCC 780 where expression “abetment” was elaborated upon. In the present case, Court did not find any material suggest that petitioner instigated, conspired or aided in the commission of suicide by the deceased. Mere act of wife slapping the husband would not instigate him to commit suicide by the deceased. Furthermore, the alleged suicide did not refer to any incident of slapping. In such circumstances, it was held that no charge under Section 306 could be made against the petitioner. Thus, the petition was allowed and the petitioner was discharged. [Shikha Gupta v. State (NCT of Delhi), 2019 SCC OnLine Del 6394, decided on 08-01-2019]