2001 (10) TMI 1169 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 306 IPC (abetment of suicide)
2. Conviction under Section 498-A IPC (cruelty towards a married woman)

Issue-Wise Detailed Analysis:

1. Conviction under Section 306 IPC (abetment of suicide):
The appellant was convicted under Section 306 IPC and sentenced to seven years' rigorous imprisonment. The prosecution relied on the testimony of family members and a letter (Exbt. P/13) written by the deceased, Seema, to establish that the accused had abetted her suicide. However, the court found no direct evidence of the accused-appellant having abetted Seema into committing suicide. The dying declaration (Exbt. P/10) recorded by the Executive Magistrate indicated that Seema set herself on fire after a quarrel with her husband, where he told her she was free to go wherever she wanted. The court noted that instigation requires a reasonable certainty to incite the consequence, which was not evident in this case. The court emphasized that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. The court also considered the dying declaration and suicide notes, which suggested that Seema felt ashamed of her own faults and did not hold anyone responsible for her suicide. Consequently, the court held that the conviction under Section 306 IPC was not sustainable and set it aside.

2. Conviction under Section 498-A IPC (cruelty towards a married woman):
The appellant was also convicted under Section 498-A IPC and sentenced to two years' rigorous imprisonment. The court examined the evidence, including the testimony of Seema's family members and the undated letter (Exbt. P/13). The letter detailed incidents of physical abuse by the accused, which amounted to cruelty. The court found that the accused had subjected Seema to cruelty by teasing her, ill-treating her for minor mistakes, and beating her at odd hours of the night. The court agreed with the findings of the Trial Court and the High Court that the accused-appellant's actions constituted cruelty within the meaning of Section 498-A IPC. Hence, the court upheld the conviction and sentence under Section 498-A IPC.

Conclusion:
The appeal was partly allowed. The Supreme Court set aside the conviction and sentence under Section 306 IPC, finding no sufficient evidence of abetment of suicide. However, the conviction and sentence under Section 498-A IPC were maintained, as the evidence supported the finding of cruelty by the accused towards the deceased.