lig iss HICSI © ORT QV M.P. !as jABAi.rea •", Giflni.aal Appaal »?.(^S../96 ^spaallaat (IH JAIL) ResRandaa't f^ '^<^ 3bucax Maha-fctaB^S/a Paachffan I^S^ Agad ab»ufc 38_ years,^a village ^, J®1;a,'P. S.Patehafflya^'Iilstt.Mlaspai*. VS. Stafce af M.P. tbrough P.S.Pa-tharia, SS. s-t-fctBilaspa^. CaiMIN APPBAL BHBSR SSCTJON 374 Cr.?.G. •• / inw-tsill'li'fl TA HiGH CO'URT OP CKHA-TT-ISQA.RH AT BILASPUR SS : HON'BLE MR. JOSTICB APPELLANT a—'iSfA.ts, versus. .-1-ft-^% AlCtl.CT. STateofM.P. Slix'i S.NrPojiidev, coij-p^sd for tlie RFiscLls-ii'l C:T.-t-~.-*- %T.-E~.'ir^ ^l-.i-;^ O T ^.^ -?-1.-.^ d*—.^s-. ;^ia'^. OJLU.JLUA ••^Silc.Ll.., r.l^', 1^1 1A^.C. 0'^a.'ILS.. U,'S 374(21 OF CSJMINAL "ROCEDURE .CODE iftn i3lS.-l [©^.os.aoaii The pi'esent aoneal arises out of the iudgiaen!' dated 24.02.1996 passed bv tae Fourfch Additional Sessioiis judsR.. Bilasp'ir Link Court Mungeli iii Session Trial No. 225 / 1901.:: coiivictiiig tfae accused/apTieliairt fbr the offence uunishable under Sectio^i 306 of the Slidiaa Penal Code sad seEtenciiig hiHi 'so iindergo 3"gorc>iis iEiprisoniaent for five years wifh 5ne ofRs. 1000, ss defaiiit of •pa"rrLerit of fine to furtMer u'adergo rigorous ii'np3~isonmest ;br six monTns. 2. Brief lac'ts of the c&se are that in&niage of fhfi deceased Kanchaa was solenuiized witll the accused/appRUaiit R'boiit 15 vea.rs , --» • . - - ^ prior tt) fhe dste of m.cident i.e, 10.12.91. It is allesed that 011 Tlie said •- / date, deceased coiicmitted suicide by settuig nerself abiaze, Mei'g Intiiuatioii (Ex.Pf 6} was recorded 03 ttie sssie day at about 6.35 p.si. and thereafter on 30.12.91 (Ex.P/12) oftbnce was registered agaxast r^-. acc'used/auuellsnt under SectiDn 305 iPC. it is; a^essd 'b\' tiie prosecutioE. that a'day prior to the iacidest- deceaised was neateu 'by fhe accused/aobeBast as a result of wliicfa slie com.miixed suicide. 'After mvestigation chailaii was :filed on 16.'2.9'2. (^ 3. So as to urove '&e euiit of rhe acc'used/aripeHarit, ti'se TiroseciitioE. has. examiu^ed 10 witaesses. Statement of tbs accused/appeUant was -alsc recorded u'n.der Section 313 o: the Cr.P.C. m. which he denied the charges levelled agajjist him aad pleaded bis inrsocence asd false implication in the case. 4. After heariug counsel for 'Uie parties, tl'ie trial Court has convicted aad seatenced fhe' accused/appeBaiit as lo.entioned above. Hence fhis apoeal. n-i 5. Contentioii of Shri Paiidey, counsel fer the appeIlEmt is tha.t ure.se.nt is not a case of suicide aiid the dece&sed died as sbe suffercd bura iujuries wtule she was cooking food. Hc subm.its ttiat the d\Tiig declaration of fhe deceased is on record fhougli not exhibited, which inakes it clear that 'tiafoitunatelv tbe deceased inetiwifli an accideat as a result ofwhich sKe died. He furfher subauts fhat even assuiniiig fhat the deceased set herselfablaze. on the basis ofevidence add'.iced bv fhe orosecution, offence tuider Section 306 IPC is uot made out against the accused/appellaat because fhe bask; ingredients of Section 107 IPC are uiissing. 6. On fhe other haad, State counsel subm.its that a dav prior to the date of iacident. liie deceased was beaten bv f'ae accused/a.ppeUant as a resuit ofwMch sne comuiitted suicide. She has refcrred to the statem.ents of Makhan Lal (P.VV.-'2) &. Kalvaa Das 'P.W.-51 aad subiuits th.at tlie conviction ofthe accused / ap'oeUaiits is ia accordaa.ee wiQi law. 7. : Lhave Ileard. counsel for the parties. , Deendayal (P.W.-l'i a local resident of fhe viilage has stated . tiiat'ttie-iaamage of-deceased kanchaii wa.s soleiaruzed with the accused./apoellailt about 15 vears prior to the date of U3.cident aiid •, out offhe w"dk>ck fhe couple was havsiig three issues sn.ii v"e.Te liviiig hai3pilv. He has^stated that on the date of incident, Hiraraai brother . :bf the.'.accused/a.ppeliant had iaform.ed bim about flie b-umiag of :" deceased-atid w'&en he went to fhe hoiise ofthe accused/ap-oeH.aat Iie saiy- tiie deceaseCi. iii a buruT condition and fhe criiestion was t)ut bv B^ »!'"»•< ais''.K: E81S Ki'li. orie Shiv Kiiiuai- Goutia as to whefher she set herself on fii'e. whereupon ttie deceased i^iiiied in eI&Taative. Thereafter this witRess was declai'ed hostiie. Makbaiilsd fP.W.-2) has stated tjiat l.he accused/ appellant is .b.is relative and ;marriage of the deceased wita him was solemnized 15 ye&rs back sm.d they were livnig liappily. He has sta.ted taat on ftie date of iucident he saw fhe deceased tftQS 'sii a buming condition ;n tJie hoilse of atecused/appeUaat and tlien the an-axigeinents were inade to shift her to fhe hospital. He has fiirther stated that a dav urior to tlie niciderst. the deceased has COIEIC to nsa and uiade a complaiiit against the accused/appe.'laat of c'luasTellio^ and had reouested hiin to ittake the accuaed/appeUaiit uaderstartd and accoi-dm.gly he did the saiiie. He is also tlie seiziire witaess of Ex.P/3 1->v which kerosene stained soil was seized. Dhanushra'm Verma (P.W.-3'< is a witness of inquest E.x.P/5, has not stated anythiag agaG.ist the accused/appellant. Pardesidas (P.W.-4) is the Head Constab.ie who recorded the merg intunation Ex.P/6. Kalysn Das (P.W.-5) the vffiage Kotwar has stated fhat a day prior to tte incident, tbere was sorae dispute betoyeQ the acciised/appe3a!lt and the deceased aild tbe accused/appeUaat assaulted Gie deceased by chli) and ttiereafter the deceased raade a complaint to Maltfcsi] (P.W.- 2) aad &en'bofh. the deceased and the accused/appeBaiit were .raade. to LmderstarLCt. Shiv Kuinar Pandev fP.W.-6't is tb.e seizure witDess of Ex.P/ 3 by whi.ch ceiTsia articles were seized froia the spot. He is a.lso fhe witness ofinquest. Mangal Smgh (P.W.-7S is the seizure witness of Ex.P/7. Shyamlal (P.W.-8) has not stated aEi}'thing specific. Rajendra Smgh ,;{P.W.-9)Sub Inspector lias doae the mvestigation. Dr. Ashok Kuic.ar ^{P.W.-lp) condu<;ted<he post mortem ofthe deceased vide Ex.P/13.. ~:|B,as.:.opiaed tbg-t the. cause of deafh is shock due to extenswe bum- Heliadtiptfeuaid any exteraal iiijury on the person oftae deceased. r ! .1; ' ,, •• • \; 8. *Jii ttie record a dylng declaration of the deceased is also avaiiable' but the-'satae has not been extiibited. In fhis dvias declarafion, tlie •deceasefi has stated fh.at she suffered bura injmies while she was •cbolcmg Fodd and at the time ofmcident, she was all aloaein.the3iouse.- . \ 1 -H- 9. If tae eiitire aUegation is seen si the iight of a'betmeat as deSned ia Section 107 ?PC, aotb.yig to be termed s.s ra.stigatioB or abetiaeat to do a particular tning is visjble puttiag the provisions of Seclion 107 uito motioa. Sections 306 of the Indiaa Peaal Code icads as under: 306. ASietfnent sf Sliicw&e.-lf ani) person comin.its suicide, ivhoever • ajjeis tlie CGrrnrdssiori. ofsv.ch suicide. shali be tnmished iviffi irnprisonmerct of eitJier desaipti'on for a terrn. which vnay extend io ten years, and, shatt aiso be liab'ie to life. ^ To see whether the act of the accused/appeUant can be tenned as ci-uelw, a gtiinpse of "abetmenf enshrined in Sectio.B 107 IPC aunears to be the need. which I'ead.s as linder: Seclion 107. A person abets the doing qf a thing, u'ho - First. - Jhsrigafes any pevson to 'do that thing; or Secoiidly - Engages usnh one or more other person or persons in any conspiracy for fhe doing offhat ihing, if an act or illeqa! omission takes places in pursuance of that coi'tspiracy, and in order to the doing of thai thing; or Tnirdlg.- Inteniionaily aias, by any act or illegai omtssion, ihe doing of that ihing. Expls.nsztion. 1. - A person zpho, by wiHful misrepresentatwn, or by iviJlful consealment of a maferial fact which he is bouitd to disclose, voluntaril-y causes or procures, or attempis to cav.se or propj.re, a thtng m be done, is said to iiistigale the doing cf fh.af thing. Bxplcincition 2.- V/hoever,:~either prior to or at the time af the comrrdssion of an act, does anythiiig in order to facS.itate the commission of that act, and thereby fac&ttates fhe-<:ommissioit thereof, is said to aid the doina of tfiat act.' 10. 'Keeou'lg iii view fhe ingredients of Sections 305 and 107 IPC, I ara of the considered view that fhe uigredients ot abetment are totaUv absent in. flie instaat' case for aa offence iinder Sectioa 306 !PC. . An offence unde^.Section 306 IPC would staad onlv if tliere is sai abetment' for fhe cx>minission of the ci-ime. Accordingly, iia tb.e pressinf-case Gitence iincler Sfection 306 !.PC is not made out agaiast fheaDpellant. --.' - 7 11. In conclusion, TIi.e appeal is auowed. The judgi'nent impugned is Iiereby set aside. The accused/appeUaiit is s.cauitted of ftie cbarges levelled agaiast h.mi. T'he appeUajlt is 011 bajl, bis bail bonds staad discliar^ed. Pritinker Diwaker Judge -\ 7 •• / iW