STATE OF U P Vs. PREM KUMARI

JUDGEMENT

(1.) This Government Appeal under Section 378(3) Cr.P.C. has been proposed by State of U.P. against Prem Kumari @ Gayatri and four others against judgment of acquittal dated 12.3.2019 passed by Court of Additional Sessions Judge (F.T.C.), Mahoba, in S.T. No. 04 of 2009, State of U.P. Vs. Prem Kumari @ Gayatri and others, u/s 306 I.P.C. arising out of Case Crime No. 2341 of 2008, P.S. Kotwali Mahoba, District Mahoba, upon information lodged by Dr. Narendra Kumar Vaidhya about suicide by three persons in their house because of abetment caused by accused persons, who got a false case registered regarding cruelty with regard to demand of dowry for which deceased persons were enlarged on bail after being in jail for 2-3 days. They were mentally tortured and were harassed by accused persons, which compelled deceased persons for committing suicide and it was in close proximity of the date on which they were to appear before the trial court at Banda and this was proved by informant-PW1 Dr. Narendra Kumar Vaidhya, another witness PW2 Smt. Divya Vaidhya, PW6- Ram Kumar Soni, registration of case crime number was formally proved by PW7- Constable Kushalpal Singh. This testimony was having corroboration by medical evidence of PW3- Dr. D. K. Sullerey, who had conducted autopsy examination on persons of deceased Pramod Soni, Smt. Asha @ Sarman and Amod. PW4-Constable Vinod Kumar Nigam, secondary evidence of S.I. Om Prakash Sharma and HCP Raghuvanshi Rathore. But the trial court passed judgment of acquittal. Hence, this was a result of perversity, wherein relevant and admissible evidence, produced by prosecution, were not taken into consideration. Hence this application with a prayer for grant of leave to appeal.

(2.) Perusal of impugned judgment and record reveals that criminal machinery was put into motion by way of registration of Case Crime under section 306 I.P.C. by way of F.I.R. (Ext. Ka1) lodged by Dr. Narendra Kumar Vaidya with this contention that owing to registration of a false case of cruelty with regard to demand of dowry under conspiracy and connivance of accused persons Prem Kumari @ Gayatri, Dilip Soni, Phoolwati @ Kalawati, Dayawati and Bhola Prasad @ Kamta Prasad, the deceased persons were put behind bar and were granted bail resulting mental torture of them and thereby they after bolting door from inside took some poisonous substance and died. There was recovery of suicidal note from the place of occurrence. Investigation resulted in submission of charge sheet. But in the trial neither suicidal notes were proved nor were admissible because of lack of their proof. Though death by consuming some poisonous substance after bolting door from inside by deceased persons was undisputed fact. Previous registration of a case regarding offence of cruelty with regard to demand of dowry was also undisputed fact. But merely because of registration of this case crime number or pendency of case, no prudent men will commit suicide. Moreso, for an offence punishable u/s 306 I.P.C. the condition precedent is abetment because this offence itself is for abetment of suicide - if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine i.e. abetment for attempting to commit suicide is a condition precedent.

(3.) It has been held that once offence of abetment of committing suicide is clearly made out against accused, the offence punishable under section 306 I.P.C. shall be made out. The basic constituents of an offence punishable under section 306 I.P.C. are suicidal death and abetment thereof as has been propounded by Apex Court in Sangarabonia Sreenu Vs. State of Andhra Pradesh, 1997 4 Supreme 214.