Summary
The Supreme Court upheld a husband’s conviction for cruelty involving unlawful demands but set aside his conviction for abetment of suicide. Cruelty and suicide within seven years of marriage did not automatically establish abetment. The evidence failed to connect the husband’s conduct causally and proximately to the suicide, and the dowry-death charge did not allege that his harassment drove the deceased to suicide.
Issues
- Whether proof of cruelty and suicide within seven years automatically justified a conviction for abetment of suicide.
- Whether the evidence and the charge supported the High Court’s conviction under section 306.
Provisions considered
- Sections 107, 306 and 498-A, Indian Penal Code, 1860Cruelty involving unlawful demands was established, but abetment required proof connecting the accused’s instigation, conspiracy or intentional aid to suicide. The offences were distinct. (¶¶ 7, 11, 17, 24, 27, 33)
- Section 113-A, Indian Evidence Act, 1872The presumption is permissive and requires consideration of all circumstances, including a cause-and-effect relationship between cruelty and suicide. (¶¶ 8, 14, 15, 26, 27, 33)
Held
- The father’s evidence, partly corroborated by another witness, established harassment to coerce an unlawful demand and sustained the cruelty conviction. (¶¶ 9, 10, 11)
- Cruelty and suicide within seven years do not automatically establish abetment. The presumption requires examination of all circumstances, and the prosecution must prove the requisite connection beyond reasonable doubt. (¶¶ 14, 15, 17, 22, 24, 27)
- There was no evidence establishing instigation or a proximate causal nexus; approximately two months separated the last parental visit concerning the demand from the suicide. (¶¶ 33, 34)
- Unlike the distinguished cases permitting conviction without a separate section 306 charge, this charge did not allege harassment driving the deceased to suicide or abetment of suicide. (¶¶ 35, 36)
Result
Appeals partly allowed. The section 498-A conviction was maintained; the section 306 conviction was set aside and the appellant acquitted of that offence. Bail bonds were discharged, and surrender within four weeks was directed to serve the remaining sentence, if not already undergone.