If a woman commits suicide within a period of seven years of marriage the court is not bound to presume that suicide has been abetted by her husband.

Rohit Pradhan | 27th November 2019

Gurjit Singh v. State of Punjab., CRIMINAL APPEAL Nos. 1492 ­- 1493 OF 2010

Matter:

Four accused including appellant is charged under Section 304-B   and   Section   498¬A   of   the   Indian   Penal   Code 1860. Appellant herein is husband of deceased. The   trial   Judge, therefore, convicted   the appellant and his father and mother for the offence punishable under Section 498­A of the IPC and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of   Rs. 4000/­ each and, in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. The   trial   Judge, therefore, convicted   the appellant and his father and mother for the offence punishable under Section 498­A of the IPC and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of   Rs. 4000/­ each and, in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

Appeal made to the High Court:

High Court upheld the Conviction u/s 498A of IPC. Additionally, HC sentenced appellant the imprisonment of five years and fine of Rs. 5000/- under Section 306 of IPC. Hence matter has been appealed to the Supreme Court.

Appellant’s Contention:

High Court’s confirmation to the sentence u/s 498A is untenable as conviction is solely on the basis of uncorroborated evidence of one witness.

High Court’s sentence u/s 306 is untenable as, charges were u/s 304-B; the ingredient of Section 304-B is totally different from that of Section 306 of IPC.

A/c to the statement of the witness, appellant was in good terms with the father of deceased, which discredits his testimony.

Respondent’s Contention:

Ingredient of Section 306 is similar to that of Section 304-B and considering that Prosecution has proved his case; satisfying all the ingredient of Section 306, Court’s decision shouldn’t be questioned.

Issue Raised:

Whether the conviction as confirmed by the High Court under Section 498­A of the IPC and as recorded by it for the first time under Section 306 of the IPC would be sustainable or not?

Held:

It is established that the woman concerned had committed suicide within a period of seven years from the date of marriage and that her husband has subjected her to cruelty, the court is not bound to presume that suicide has been   abetted   by   her   husband.   It   is   required   to   take   into consideration all other circumstances of the case.

Prosecution has failed to prove that the cruelty was of such a nature which left no choice to the deceased than to commit suicide.

Conviction   under   Section   498­A   of   the   IPC   is maintained and the conviction under Section 306 of the IPC is set aside. The appellant is acquitted of the charge under Section 306 of the IPC.