Summary
The conviction for abetment of suicide was upheld where sustained threats and harassment, corroborated by witnesses and a reliable dying declaration, drove the victim to suicide. Neither absence of a medical fitness certificate nor extensive burns automatically invalidated the declaration. The trial court’s rejection of material evidence justified reversal of acquittal.
Issues
- Whether the dying declaration was reliable despite burns and no formal fitness certificate.
- Whether the continuous conduct established abetment rather than mere harassment.
Provisions considered
- Sections 107 and 306, Indian Penal Code, 1860Instigation requires the relevant mental element and active conduct; mere casual remarks or allegations of harassment are insufficient. (¶ 30–42)
Held
- The doctor confirmed fitness and witnessed recording. The original declaration supported the account; burns alone did not establish incapacity and a certificate was a rule of caution, not an indispensable legal requirement. (¶ 24–28)
- The parents’ evidence could not reasonably be discarded merely because their Panchayat complaint was oral. Their testimony and that of the Pradhan corroborated sustained threats and teasing. (¶¶ 29, 43–44)
- The proven continuous, proactive conduct created the situation leading to suicide, distinct from a single insult or ordinary discord. It satisfied the requirement of abetment on these facts. (¶ 40–44)
Result
Appeal dismissed; High Court conviction and sentence of seven years’ rigorous imprisonment and Rs.10,000 fine upheld.