GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Appeal, the appellants have made challenge to the judgment dtd. 1/5/2000 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh in Sessions Case No.40/97 (109/97)whereby the appellants were convicted under Sec. 306 IPC and sentenced to undergo six years' RI with fine of Rs.500.00 each and in default to further undergo three months RI.

(2.) The prosecution case originates from an incident dtd. 8/11/1996, when Smt. Lal Kunwar was admitted in a critical condition at Badi Sadri Hospital. On receiving medical intimation, Head Constable Devilal recorded her statement (Ex. P-6) in the presence of the attending doctor, wherein she alleged that due to persistent marital discord arising from an alleged illicit relationship between her husband, accused Govind Singh, and a tenant named Annu Madam, she was subjected to mental harassment.

(3.) Learned counsel for the appellants contended that the appellants' conviction under Sec. 306 IPC is wholly unsustainable, as the prosecution has failed to establish any direct act, instigation, or coercion by them that could have compelled the deceased to commit suicide. It is further asserted that the deceased had multiple reasonable alternatives available, including seeking protection, redressal, or severing matrimonial ties, and that suicide was neither inevitable nor the last recourse. He further submit that the dying declaration and other evidence relied upon by the prosecution are insufficient, inconsistent, and contradicted by defence witnesses, who testified that the deceased had consented to the second marriage and there was no history of harassment or discord. Lastly, he argued that the instant appeal maybe allowed as there is no mens rea or proximate conduct on their part to attract criminal liability under Sec. 306 IPC.