Criminal Appeal Nos. 600 – 601 of 1989 arising from the Judgment and Order dated 13/03/1986 of the Honourable Punjab and Haryana High Court in Crl. Revn. No. 434 and 1295 of 1984.
Judgment delivered on 26/09/1989 by Justice Sabyasachi Mukharji
Summary of the Judgment
Deceased – Ravinder Kaur
Ravinder Kaur who was daughter of the Gurbachan Singh, married to Satpal Singh in November 1982. But soon after marriage i.e. on 25th June, 1983 at about 2:30 pm she died. There were relevant, sufficient and acceptable evidence that she committed suicide because of the harassment, constant taunts and cruel behaviour of her in – laws towards her, persistent demand for dowry and allegation of carrying an illegitimate child. The father in law, mother in law and the husband of the deceased were the abetters of the crime. She died due to sprawling of Kerosene oil on her body which resulted in second to third degree burns.
On the totality of the evidence on record, The Learned Additional Sessions Judge held that the accused are guilty of the abatement to suicide, which is punishable under Section 306 of The Indian Penal Code (IPC). On the appeal by the accused persons, The High Court was of the view that the guilt of the accused has not been proved beyond all reasonable doubts and as such acquitted them.
The complainant and the father of the deceased aggrieved by the order of High Court preferred the appeal before Honourable Supreme Court by way of Special leave to appeal. This court holding that the order of acquittal made by the High Court is not sustainable and affirming the conviction of the accused under Section 306 of the IPC and the sentence imposed by the Additional Sessions Judge, Amritsar.
The Honourable Supreme Court hold that circumstantial evidence as well as the prosecution witnesses in the instant case clearly proves beyond doubt that the accused instigated and abetted Ravinder Kaur, deceased in the commission of the offence by committing suicide by burning herself. The suicide had been committed within the period of seven years from the date of her marriage, in accordance with the provisions of Section 113A, the Court may presume having regard to all the other circumstances of the case that such suicide had been abetted by the husband and his relations. Therefore, the findings arrived at by the Additional Sessions Judge are quite in accordance with the provisions of this section and the finding of the High Court that the accused persons could not be held to have instigated or abetted the commission of offence, is not sustainable in law.