Chain Ram and Another vs The State of Rajasthan

Bhagwati Prasad, J.—In this case the accused were tried by the trial court for offence u/s 306 IPC. Both the accused persons Chain Ram and Smt. Jamna Bai were convicted u/s 306 and were sentenced to two years'' R.I. and a fine of Rs. 500/-. During the course of appeal accused Chain Ram died. Due to the death of Chain Ram, his appeal abates.

This appeal is decided only in relation to respondent No. 2 Jamna Bai. The trial Court has found that there used to be a quarrel between the deceased and Chain Ram and Smt. Jamna Bai and accused Chain Ram had told about the second marriage of his son. It has been inferred by the trial Court that, since the father in law of the deceased had told the deceased that he will perform second marriage of his son, the deceased was persuaded to commit suicide. The appeal against the father in law has already been abated as he has died.

The only allegation against the mother-in-law is that she used to quarrel with the deceased. Mere quarreling cannot be said to be a circumstance which can abet a human being to commit suicide. In this view of the matter, the ingredients of Section 306 IPC is found lacking and therefore, the conviction and sentence recorded against the appellant cannot be sustained.

Consequently, the appeal of the appellant is accepted. The conviction and sentence recorded against the accused is set aside. She is on bail. Her bail bonds are cancelled.