State of M.P. vs Ganesh Ram

T.S. Doabia, J.

This appeal has been preferred by the State of Madhya Pradesh. It is directed against the judgment of acquittal recorded by the Additional Session Judge Vidisha. The respondent was proceeded against for an offence said to have been committed u/s 306 of the Indian Penal Code. His wife Shreebai has said to have committed suicide and respondent said to have abetted in this crime.

It is not in dispute that Shreebai died of drowning. The only question which is required to be gone into in this case is whether the respondent took any positive step with a view to induce the deceased to commit suicide. The evidence which has been brought on record be now noticed :

The prosecution story is that the respondent was always used to demand Rs. 20, 000/- by way of dowry. The marriage took place about ten to eleven years before the date of occurrence. The further prosecution story is that the respondent would misbehaved with his wife. It is also stated that he had illicit relations with the wife of his younger brother. There was some exchange of hot words four to five days prior to the date of which Shreebai committed suicide, by jumping into a well. Premabai P.W. 2 is the mother of deceased. She has stated that the respondent was having illicit relations with the wife of his younger brother and would pick up quarrel with her. Sitaram P.W. 3, is a witness to the fact that Shreebai was found in the well and he had reported the matter to the police. P.W. 4, has stated that he has Ms house adjacent to the house of respondent and he could hear exchange of hot words respondent and Shreebai. He was unable to indicate any reason as to why Shreebai jumped into the well. P.W. 6 Sukhlal was again not been able to point out as to why Shreebai jumped into the well.

From the statement of the witnesses preferred to above, all that can be said is that the relation between the respondent and his wife were not very happy, but this would not be enough to convict him u/s 306, of the Indian Penal Code. The requirement that there should be some positive step taken by the accused and he induced the deceased to commit suicide. The position (if law in this regard be noticed :

In Panchram and Samailal vs. State of M.P. 1971 JLJ SN 80, the prosecution story was that the accused has developed a love affair with another lady and he started neglecting his wife. With this neglect being shown by the husband, the wife drenched herself with kerosene oil and burnt herself. This Court came to the conclusion that offence u/s 306 could not be said to be made. The requirement to show that positive steps were taken with a view to induce the person concerned to commit suicide was held to be imperative.

Some other decisions dealing with this aspect of the matter be merely noticed. These are:

(i) Tej Singh vs. State of M.P. and four Others 1985 C. Cri. L. J. 202.

(ii) Basant Kumar and others vs. State of M.P. 1991 JLJ 175;

(iii) Deepak vs. State of M.P. 1994 Cri. L. J. 677.

(iv) Dinesh Chandra vs. State of M.P. 1988 II MPWN 84 .

(v) Devi Singh Rattan Singh Vs. State of Madhya Pradesh, ;

It would be apt to notice that what Supreme Court of India recently said in the case reported as Mahendra Singh vs. State of M.P. AIR 1995 SCW 4570:

In this case, the charge u/s 306 of the Indian Penal Code was based on a dying declaration of the deceased. This stands reproduced in the judgment of the Supreme Court and the same be noticed :

My mother-in-law and husband and sister-in-law (husband''s elder brother''s wile) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning.

The Supreme Court was of the view that the ingredients of abetment are not attracted and a case u/s 306 of the Indian Penal Code cannot be said to be made out.,

Thus, the evidence which has been brought on record does not suggest that the respondent took any positive step or made any suggestion to the deceased to commit suicide.

In this view of the matter, this appeal is found to be without merit and is dismissed.