i y r‘. 11x) ¥ ’ f24{ Fm n. Resmndent f A?PEAL UNDER SECT ON 37(CaIMINAI; PROCEDURE CODE. u.--“ f. ————————————acucun-n u—n‘--—u¢g L J" H ~ ‘ muwaaaalgz/ganwu I“.2“§.§E§§.EQE§E-9§.§§E§X§£ - ,?:?;V criminal Appeal Na. o£ 1994‘ , I K (’4‘ I Q) Ram3ingh ged 65 years son ef Hagru I gm Kamadhar/aéed 55 of Luliram" ‘ 3 3 yeats san 30th "Resident of Rmleh P.s. Pathq§1a Biatrict Bilaapur. » x / L: LN 5a... / $il w. 7‘ [ g3, ‘ we i kmmwm if):(70\ ,, .‘,_,..“.‘.V/,u;"yc Q!6’ "I ../. ggpellant versus V _ ( state of nadhya Pradesh through C P.S. L HIGH COURT OF CHHATTISGARH AT BILASPUR SB\ : HON’BLE MR. JUSTICE PRITINKER DIWAKER CRAJUO. 1230i 1994‘ APPELLANT ‘ Ramsingh & Another Versus REsPoNDENT State of Chhattjsgarh Smt. Kiran Jain, counsel for the appellant§. Shri U.K.S.Chandel, P.L. for the State. APPLICATION Uls 37412! OF THE GREG. JUDGMENT {21—01-2010} This appeal is dixected against the judgment datcd 27.9.94 passed by tht Additional Sessions judgé, Bilaspur in S.T. No. 250/88 convicting the appellants $r the offence punishable under Section 306 of the Indian Penal Code and sentgn’cing them to undergo rigorous imprisonment for me years and to pay of Rs. 1,000, in default of 011a to flmher undergo Si for three months. 2. Case of the prosecution in brief is that on the basis of Inerg imimation dated 18.6.1988 Ex.P/3, FIR dated 27.6.1988 (Ex.P/5) was registered against the accused/appellants alleging in it that Thanwarin Bai has committed suicide on 8.6.88 by seth'ng herself ablane; It is alleged that on the fateful day i.e. on 8.6.88 the accused/appellants have abused and threatened the deceased as a result ofwhich she committed suicide. 3. So as to hold the accused/appellants guilty, prosecution has examined as many as nine witnesses in supyort of its case. Statements of the accused} appellants were aiso recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implicau’on in the case. This apart, one defence witness has also been examinedin support of its case. 4. After hearing the parties, the mal Court has convicted and sentenced the accused] appellants for the offence as mentioned above. 5. Heanii counsel for the parties and perused the material available on record including the judgment impugned. 6. Counsel for the appellant submits that. even if the ‘entire prosecution case is taken as it is the on'ence under Section 306 [PC is not made out as the ingredients of abetment laid down in section 107 IPC are totally missing in this case. She further submits that present is an unfortunate case Where after hearing the abuses, the deceased had committed suicide but it appears that the deceased was a lady of short temper or very sensitive and that is why she committed suicide. She further submits that vide EXP] 15 the dying declaration of deceased was also recorded by P.W.9 Rewalal Dewangan, Naib ’l‘ahsildar, Patthariya in which the deceased has categorically stated that she has committed suicide by setting herself ablaze by pouring kerosene oil. 7.. On the other hand, supporting the rmpugned judgment counsel for the State submits that the accused/appellants have abused and threatened the deceased to such an extent Where she was left with no other option but to commit suicidexHe submits that the judgment ipugned being wholly justified does not require any intrference in appeal. 8. P.W.-1 ok, father of th deceased has stated that on the date of ncident when his daughter had gone along with he mother outside the village for digging soil, accused] appellant Ram Singh came to his house by saying that s daughter is a sorceress and has spoiled the entire village. He has urther stated that when he calhd his aughter and Wife, they were abused by accused] appellant Rsingh. He has further stated that when the abusive language was ud by the accused persons the deceased was ins the house and the accused persons were abusing her by usig filthy uage. He stated that when he entered the house, she was brning and was shouting ‘Jai Bajrang Bali, Jai Bajrang Bali”, he extinguished the iire and tereter she went to the house of accused/appeilant Ramadhar and slt there. He further states that thereafter the Vagers have advised him to hospitalize the deceased upon which she was hospitalized and after about 8-9 days of the incident she succumbed to the injuries. 9. P.W.-2 Panieshi has also given his statement as has been given by P.W.-1 Lokram and he too, has stated that the deceased was abused by Ramadhar as a result of which she committed suicide by settingherself ablaae. P.W.-5 Dr. Smt. Neelima Verma who had examined the deceased has stated that the deceased had swerent 63 % burn injuries. She has also stated that the dmeased has informed her that she sustained the burn injuries While cooking food. P.W.-9 Rewalal Dewaugan, Naib Tahsildar who had: reconied the dying declaration Ex.P/ 15 of the deceased hasi stated that he recorded the said dying declaration after‘ m g Lmm i r = hi f d am se ide n lang u haf ep ill , M> getting the certihcate from the doctor and at that point of time, the deceased was conscious. 10. Thus in the light of the aforesaid discussion, the crucial question to be answered by this Court is whether the allegau'ons made against the appe1lant can make out a case under Section 306 IPC. Answer is of course ‘no’ for the mason: that the ingredients of abetment deiined under Section 107 IPC do not have even a nesting glimpse themto. To have a ready reference, the said pmvism‘n 1s refmduoed as under: Section 107 A person abets the doing q‘ a thing, who — First. -— Instigates any person to do that thing; or Secondly -— Engages with one or more other person or persons in any conspiracy for the doing of that thing, ifan act or mega! omission takes places in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.- Mtenta'onauy aids, by any act or illegal omission, the doing of that thing. Explanation 1. — A person who, by willml misrepresentation, or by wiltful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to came or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2.- Whoever, eitherpn'or'to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof; is said to aid the doing of that act. " ”\ 11‘. To convict a person for an oEence under Section 306 IPQ it has to be seen that insn‘gation to do aparticulm‘ thing must be there. ‘instigation’ literally means provocation, incitement, urge or persuasion to do any thing. In this case none of the witnesses has made even a whisper that the ideceased was abetted by the appellants to commit suicide. a Mé Most of the Witnesses including te father of the deceased have stated that the deceased was abused by the appellants a thereafter she had comnted smelde Thus 1t can be presumed that the deceased ht have taken tins extmme step at the cost of her e on account of sheer anger or ustraion. It appears that she could not bear the abusive languag used by the accused/appellants as a result of which she committed suicid. However using the same itself Will not bn’ng the present case within the ambit of Section 306 IPC. The entim evidence brought on record goes to show that the deceased was not actuated by any abetment to end her life by‘ committing suicide rather it is on account of sheer anger or husttation which drove her to do so. r 12. The aforesaid discussion if weighed with the evidence on recox does not g‘ve any clue to maintain the impugied dgmnt conng and senteng the accused/appellants as shown abov Impugned dgment is not m consonance h the matel collected by the rosecution and therefore it has to e dislodged. 13. Appeal, as result, is allowed and the judgment impned is set aside. Appeas are acquitted of the charge levelle agait them. They be let loose if not requid in any other case. CAL , .10. L Pridiiker Diwaker Judge ‘m h nd ut m1g hf ht e e d we wch cm e Ju Wlt ria p b a ug llnt d ns re