1N Ikt B;Gb uuuhi vP MADH.ZH HKAUb“H AT JABALI—R ‘ ' ’ w 79. / W CINmxUkL APr‘EAL N55. PQ FELL$N Ramavtar«son qf‘gr Kri (iN AIL) handrawanshi; gged ab¢ut , J C 32 years,.resident‘ef'vilage Jangalpurr, Pola Staténg Kand, district Bilaspur,m.r sus. > Th_5tate of Madhya Pradesh e ; ‘ gg Huawx‘g CRLMLNAL ¢+PW~AL UDER UE‘ THL. CRLMLNAL HIOC’EDUdL. CODE U 7 4 7 $5 / V AFT ié um l k i a P. / Ver N a HIGH COURT OF CHHATTISGARH AT ER ELASPU SB : 'ON’BLE MR. JU$TICE PRIT‘INKER DIWA£ER H CRJK. NO. 176711995 APPELLANT Rmavtar VCI‘SUS RESPONDENT Stata o P. f M \The present appeal an'ses oat of the jlldgment date: 181231395 passed by the Feuxth LAIiditional Sessions 'Jurig-s, Bi‘iasour in Qession Trial No $28.! 1989 convicting the accused] appellant for the offence pumshabie under Section dOo of the Indlan Penal Code and sentencmg hnn to undergo rigorous imprisonment for four years with fine of Rs. 5000, in default of payment of fme‘ to further uud‘ergo simple imprisonment for six months. 2. . Brieffacts ofthe case are that sometime in between 20.5.89 rto 23.5.89, Kumari Bai, Wife Of the appellant died on. account of . droWning in fhe wen. Her dea<1 bodywwas recovared from tha W611 on 23.5.89 and mag intimation (EX.P[5) to this effect was given by the: accused/appéllant Ramavtar. Furthar case of the prosecution is that ; marriage of the accused/appellant was sobmm‘zed with Kuman' Bai g {since deceased) about 2O years prior to the date of incident After - ; merg enquiry FIR {EV P] l) was registered on 8 6 80 by the police 1 under Section 498 A 8r, 306 of the IPC and after investigation charge V i i sheet Was filed, on 3 1 1 89 trader Section 306 8a 498 A of the IPC. 3. So as to prove the gildt of the aecusedjappe11a11t the ,»proeecut10n has exammed 9 Witnesses Statement of he ShIiHBharat Rajput, counsel for the anpeliamt Shri Prave’eo Das, Dy. GA. for the State. APPEAL U{S 374(2} $F THE CRIMINAL PRGCEEURE CODE JvDGMENT $432.20”; ‘ t accusedlappenant was also rscorded under Section 313 of thé Cr.P.C. iii which he denied the charges levelled against him an pleaded his innocence and false implication in the case. 4. After healing counsel for the narties, the trial Court has convicted andsentenced the accused] appellant as mentioned above. Hence this appeal. 5. Contention of the counsel for the appellant is that the accused/appellant has been falsely implicated by his ill-laws just because they lost their daughter Kumaii Bai. He submits that the question of demanding dowxy after 20 years 'of marriage does not arise and the couple was living happily but for minor diti‘erenceS/ between them. He submits that about one year prior to the date of incident, there was an agreement between the appellant and the deceased pursuant to the application filed by the appellant. for restitution of conjugal rights and since then the deceased was living f with him and even had not gone to her parents house and therefore leveling allegations against the accused/appellant is of no signiticance. He futther submits that even if the entire case 'of prosecution is taken as it is, otfence under Section 306 IPC is not made out against the accused; appellant. 6. On the other hand, supporting the impugned judgment, it has been argued by Shri Das, State counsel, that the deceased was subjected. to cruelty to the extent where she was left with no option but, to commit suicide. He submits that the accused] appellant used to assault and. beat the deceased and that conld be the reason which forced her to end her life. He further submits that during the subsistence of his first marriage, the appellant had kept one woman with him as concubine and he used to harass the deceased. a 7. I have heard counsel for. the parties and perused the materia available on record. v ‘ Bichulwa {PAM-ll fatheiz of the deceased has stated that marriage of his daughter was solemnized with the accused! appellant about 20 r ack and t o he wlock four issues We or d l veas b ou f t ed re bn but three have expired and only one issurviving. H6: haS statmi that when he saw the dead body of hE daughter, 1t was decompoeed and before her death she was sublected to cruelty by the accused] appellaxlt. He has further stated that the accused] appeliaht had kegst one woman with him as concubine ahd therefore he used to haxass his daughter. He has further stated that eve11 the. panchayat meeting was cohvened in which the accused] appellant was made to understand. He, admits that about. 5-6 months prior to her death, the deceased/came to his house and m the panehayat meeting the appellant and deceased both were made to understand. by the panchas of the Vlllage Heeralal {PW 2) nelghbour of the accusedjappellant has stated that the deceased dled because she Jumped m the well. He has not made any allegatlon agamst the appellant Ram Khllawan Smgh (P W -3} 1s the Patwam who had yrepared the spot. map (EXP! 1), Kurgan Bal (P.W.~4) mother of the deceased hasxstated that the accused/appellant used to demand for dowry J from her daughter, he used to ask her to bring gold and for which he also used to beat, her, She has further stated that the accused] appellant has also kept one woman with him as concubine. She admits that there was some case between the accused] appehant and the deceased at Bilaspur butthereafter the deceased was taken by the accused] appellant. Kumar (P.W.-5) brother of the deceased has stated that the appellantrused to harass the deceased for demand of dowry. He has further stated that as the appellant had kept one woman with him as concubme, he used to harass the deceased. In his case diary statement (EX.P] '2) this Witness has not made any allecation against the appellant for demand of dowry. Kalmdrr Bai {PW 6) sister-in—law of the appellant has not made any allegatlon against the accusedjappellant Dr N C Sarkar (P.W.-7) had conducted the post mortem of the deceased and given his report (EXP/3). According to him, the cause of death 'Was asphyxia as a result of drowning. Dhanu Ram Yadav (P.W.n8) is the Assistant Sub Inspector of Police, had done part of the investigah'on. ‘. 8. From the record it appears that thaugh them was some dispui‘a between the couple as the aypelkmt had perfGrmed seconé marriage but mercly on than basxs 1t cannot b6 heid that tha appalhii’t had m<tlgatwi ‘rhs decsase-d (Kuman Bal} m (.nV manncr for commftmg mumde Apart from tins, general allcga’mons have bet-n 1c‘ve18d by the relanveq of th€ decé‘ased but tha+ also makes it dear that While, depo%mg m the (Jourt thg mtnassw have amymvei and even have made those ailegatjora Whwh ars not tbs part of the d1a1‘v staifmgnt FurihergKumar (PMK— ), bmther of the d€c€ased at}. made ailegatlon against tht: acoussd/ appellalit after about six months anti thereafom also the allegaticms axe. doabtfui. ‘Ktmjan Bai (?.W.—4} mother of the tieceased haS caiegoticaEy deposed that the relations between the accused] appellaxxt and, the deceased were cordial. 9. T3 e ev1dence clearlv reoecta that the deceased haq (“omxmtted suicide after about 20 years of her man'lage and that coukl be on account of keepmg ailother womazl as concubiue by the accused/appellant But mereiy keepmg a concubme by the accused] appellant dunng the subs1stence of 111$ first mamage w1th / the deceased W111 not automaucallv bmg ms act Withm the meaning ) of abetment unless cogent legal adnnss1b1e ev1dence 1s adduced by the prosecution. If the entire allegation is seen in the light of abetment as defined in Section 107 IPC, nothing to be termed as instigation or ahetment to do a particular thing is visible putting the pmvisions of / Section 107 into motion. Sections 306 of the indian Penal Code reads a under: s 306. Abetment of Suicida—If I any person , commits ' surmde, whoever abefs th‘e oormmsswn ofsuch suicide shall be pumahed with Imprisonment of ezther description fm a term which may extend to ien years, and shhil ' also be hable to life To see whether the act of the accused] appellant can be termed as cruelty, a glimpse of “ahetmenf’ enshnned m Section 107 IPC appears to be the need, which xeads as under v x. ‘ a. “i ’” W ection peo bet th oing f a thing, wha Firs Insat any pern to o iat t, or Secly — Ees wzh one 0r ore oer peso or persons any nspcy for t dog f that fln, if ac ea} isso take l in ursuanc ma ooac a orde t og o tha , r ti naiiy y an act or Ilegai oms the fhat t Epln 1 xaation . ~ A person wh by wz‘irl mireentatio o b illful cnoelment a mateiai. fact hic he boun to ilose, voluniariiy cau o wh is d dsc ses r pil, m aue or b rocres or attepts to cs procure, a thing to e de, s id to insit th ding f a n. on i sa igae e o o tht thig Expn 2.- ever, eithe ror to or at the o t omiso an doe m’ythin rde to fit t mn f h t, ad thy aciiate he comissio o tat ac n ereb V cis si o d t failtate the commison thereof, is said t ai he din f tat ac.” 10. eepn Vw t ov gredients of tions 306 aod 17 IPC and th enire evidc as dduced by th prosecn, this C- o he considere View t the nredie of ‘aetm’ e “ t n e nt se coving apelt ur Sn 6 An c r ec C ouk sd ny if there is abnt’ o cossion the . cdng, e asis vince auce b he recutio an e teral available o eor i Wilo sfe for ts Cu to uhol e conon f e ausej pea der ec IP n that bing , e o i b exed ud/t 11. In the result, the appeal succeeds and is allowed. The ‘ impugned judgment of the Court below convicting and sentencing the appellant/ accused under Section 306 of the Indian Penal Code is set aside. The appellant] accused is acquitted of the charge under ' .Section 306 of the Indian Penal Code. He be set free forthwith, if not required i‘n-any other case. Fine, if paid, shall be refunded. Kig in ie he abe in Sec 0 e. t ene a e utio oni1: is f t d tha ignts bent ax totally absen i th istan ca for ncti the plan inde ectio 30 vIPC. offene unde Stion. 306 IP wi tan ol an ‘etme fr mmi of crime Acorily on th b of ede ddd y t posn d th mai n rcd t l’nt be a hi ort pd th wcti o th ccd apllnt un Stion 206 L ad e so bennt f doubt s to e tend to the accseappellan g 1 07 A rsn as e d o - t. ages sc d h hmg ond nqaq t m th rn m coira he m o ug an t or mg omin s paces pe of t nspzry, nd m r o mo dm f t :hmg o Thiriy Intehon ands b y l lswn, damn of hmg o, lb srepsn, r y w oa of r lanatio Who r pi time f he cmsinof act; s cg in or og o h t