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Judgment
Alok Singh, J
Present appeal is directed against the judgment and order dated 02.06.2004 passed by learned Sessions Judge, Nainital in Sessions Trial No. 371 of 1998 whereby learned Session Judge was pleased to convict the appellants under Section 306 IPC and sentenced them to undergo three years rigorous imprisonment each under Section 306 IPC.
It is reported that appellant no. 3 Banke Lal has already died, therefore, appeal against appellant no. 3 has already been abated by this Court vide order dated 11.12.2017.
Brief facts of the present case are that marriage of deceased Babita was solemnized with appellant no. 1 on 2.06.1996 as per Hindu Rites and Rituals. After one month of marriage, Babita came to her parental home. After three month of marriage, father-in-law appellant no. 3 came parental home of Babita and took Babita with her. After five month of marriage, again Babita came to her parental house. Babita informed their parent that their in-laws are not happy with her. They are saying that they get sufficient dowry but their bride (Babita) is not beautiful. Babita is afraid that appellant no. 1 may not solemnize another marriage. Babita was mentally disturbed. Her husband wants to marry with beautiful girl of hill area. Fifteen days before the incident, Babita informed all her tyranny to her parents. On 07.05.1997, Babita committed suicide. Banke Lal lodged a complaint with police station Ram Nagar on 08.05.1997 at 06.35 a.m. Appellants performed last rites of Babita without informing the parents of Babita.
After committal of the case to the court of Session, learned trial court was pleased to frame charges under Section 306 IPC against the appellants. Appellants denied the charges and claimed trial.
In order to prove its case, prosecution has examined PW1 Bhramdutt Joshi (father of deceased), PW 2 Mithlesh (mother of deceased), PW3 Surendra Kumar (witness of panchnama) PW 4 Dr. Surendra Singh, who conducted post mortem examination and PW5 B. Prasad, Tehsildar, who prepared inquest report and other papers.
The basic ingredients of Section 306 IPC are suicidal death and abetment thereof and to constitute abetment, intention and involvement of accused to aid or instigate commission of suicide is imperative.
In the present case, admittedly, Babita committed suicide. Now, I have to examine whether there is any abetment or not.
From perusal of statements of PW1 Bhramdutt Joshi and PW 2 Mithlesh - father and mother of deceased Babita, it can safely be said that deceased Babita was not liked by her in-laws; she spent half of her matrimonial life, with her parents in her parental house; appellants were continuously teasing and harassing the deceased for her being not beautiful; deceased was under the continuous threat that appellant no. 1 would do second marriage. This continuous teasing and harassment on the part of appellants instigated her to commit suicide. Therefore, I do not find any illegality or perversity in the judgment impugned. Accordingly, appeal fails and is hereby dismissed.
Appellants are on bail. Their bail bonds are cancelled and sureties are discharged. Let they be arrested to serve the remaining sentence.
Let copy of this judgment be sent to the trial court for information and necessary action along with lower court record.