STATE OF RAJASTHAN Vs. GEETA BAI

JUDGEMENT

(1.) The accused respondent Geeta Bai, who is the mother -in -law of the deceased Pushpa Bai, was charged under Sec. 306 IPC on the allegation that she harassed and thereby abetted the deceased to commit suicide. The accused respondent denied the charge. The prosecution examined 17 witnesses. In defence the accused respondent examined D.W. 1 Dr. Madan Lal Agarwal. After hearing the parties Special Judge, Women Atrocities and Dowry Cases, Kota by judgment dated 25.1.2007 passed in Sessions Case No. 30/2006 acquitted the accused respondent of the offence under Sec. 306 IPC. Aggrieved by this judgment, the State has filed this leave to appeal. Heard learned P.P. and learned counsel appearing for the accused respondent.

(2.) Birdhi Chand P.W. 12 is the father, Dhanwanti P.W. 13 is the sister and Moti Lal P.W. 11 and Ratan Lal P.W. 14 is a hostile witness and does not corroborate the prosecution story. Moti Lal P.W. 11, Birdhi Chand P.W. 12 and Dhanwanti P.W. 13 in their examination in chief have stated that the deceased told them that she was harassed by the accused respondent but is not at all clear how and in what way the deceased was harassed. What was done or said by the accused to harass the deceased has not been elucidated. These three witnesses have admitted in their cross -examination that the deceased was suffering from mental disease and Moti Lal P.W. 11, who is the uncle of the deceased and Birdhi Chand P.W. 12 who is the father of the deceased have said that the deceased was treated by Dr. Madan Lal Agarwal. Dr. Madan Lal Agarwal D.W. 1 has been examined in defence. He has stated that the deceased was suffering from paranoid schizophrenia and a person who suffers from this disease can commit suicide also.

(3.) Where is the evidence of abetment to commit suicide?