TaxTMI 
TaxTMI 
2024 (12) TMI 1527
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....1 was married to the deceased - wife in the year 2009. The deceased - wife was residing in the matrimonial house with her in-laws, that is, appellant nos. 2 and 3. For the first five years of the marriage, no child was born to the couple. The deceased - wife was subjected to physical and mental harassment owing to this and thus returned to her parental home. When she returned to her matrimonial home on being convinced by her parents, a son was born to the deceased in the next few years. Around twelve months before the alleged incident, the deceased had informed her father - the informant that the appellant - accused had sold her ornaments, given to her as streedhan during her marriage, and whenever she demanded return of the same, she was physically and mentally harassed. On 18.04.2021, the informant received information that the deceased had committed suicide by hanging herself. It is alleged that it was due to the physical and mental harassment meted out by the appellant - accused that the deceased was compelled to commit suicide. 4. Appellants had earlier sought quashing of the FIR, which petition was dismissed by the High Court and even the Special Leave Petition before this....
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....e appellants failed to present any material demonstrating that the allegations were patently absurd or inherently improbable. As such, the High Court upheld the decision of the Sessions Court to frame charges under Sections 306 and 498A of the IPC. The revision petition was dismissed, with the High Court finding it devoid of merit and an attempt to delay the trial. 6. Aggrieved by this judgment, the appellants are before us on several grounds, inter alia, that the allegations against them are completely baseless and they have been roped in on concocted facts and there is nothing on record to show how the appellants were even remotely involved in abetting the suicide of the deceased. Further, the appellants also claimed that allegations made against them in the FIR as well as statements brought on the record are vague and general, and do not constitute an offence either under section 306 or section 498A, IPC. And thus, there is no prima facie case against them to condemn them to face trial as the key ingredient of mens rea required to make out a case under section 306, IPC is absolutely lacking. That apart, from the alleged selling of the ornaments there was no bone of contention....
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....amount to 'cruelty' within the meaning of the provision, to constitute the offence punishable therein. Every case has to be analysed on its individual facts to assess whether the act of the accused persons constitutes cruelty. Further, cruelty can either be mental or physical, and it is to be seen on the facts of each case. 11. From the above understanding of the provision, it is evident that, 'cruelty' simpliciter is not enough to constitute the offence, rather it must be done either with the intention to cause grave injury or to drive her to commit suicide or with intention to coercing her or her relatives to meet unlawful demands. 12. In the present case, the deceased has committed suicide after twelve years of marriage. In these twelve years, the informant and other witnesses on record have stated that the deceased had informed them on multiple occasions that she was subjected to physical and mental harassment by the appellants herein. It has also been stated that once before she had returned to her parental home owing to the alleged cruelty and was later sent back to her matrimonial house. Deceased's father, who is the informant, has also stated that around twelve months....
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....ssion takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person who by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2.- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act." 17. Section 306 of the IPC penalizes those who abet the act of suicide by another. For a person to be charged under this section, the prosecution must establish that the accused contributed to the act of suicide by the deceased. This involvement must satisfy one of the three conditions outlined in Section 107 of the IPC. These conditions include the accused instigated or encouraged the individual to commit suicide, conspiring with others to ensure that the act was carried out, or engag....
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....t be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation." 20. The essential ingredients to be fulfilled in order to bring a case under Section 306, IPC are: i. the abetment; ii. the intention of the accused to aid or instigate or abet the deceased to commit suicide. 21. Thus, to bring a case under this provision, it is imperative that the accused intended by their act to instigate the deceased to commit suicide. Thus, in cases of death of a wife, the Court must meticulously examine the facts and circumstances of the case, as well as assess the evidence presented. It is necessary to determine whether the cruelty or harassment inflicted on the victim left them with no other option but to end their life. In cases of alleged abetment of suicide, there must be concrete proof of either direct or ....
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....including provoking, urging, or tarnishing the victim's self-esteem, created an unbearable situation. If the accused's actions were intended only to harass or express anger, they might not meet the threshold for abetment or investigation. Each case demands a careful evaluation of facts, considering the accused's intent and its impact on the victim. 25. This Court in Ude Singh v. State of Haryana [(2019) 17 SCC 301], held that to convict an accused under Section 306 IPC, the intent or mental state to commit the specific crime must be evident when assessing culpability. It was observed as under: "16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. In the case of accusation for abetment of suicide, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. In the case of suicide, mere....