Suicide Is Problem Of Civilised World, Driven By Stress & Social Pressure: Delhi High Court Convicts Man For Abetting Wife's Suicide
The Delhi High Court has observed that suicide is increasingly a “problem of the civilised world”, often driven by stress, social pressures and breakdown of support systems, while convicting a man for abetting the suicide of his wife.
Justice Vimal Kumar Yadav made the observations while partly allowing an appeal filed by the husband, modifying his conviction from dowry death under Section 304B IPC to abetment of suicide under Section 306 IPC, while maintaining his conviction for cruelty under Section 498A IPC.
Reflecting on the nature of suicide, the Court noted that the instinct of survival is fundamental to all living beings, and that taking one's own life is often the result of compelling circumstances overwhelming that instinct.
“Suicide seems to be civilized world's problem as in the Tribal societies it was kind of unheard. However, it has entered in the Tribal societies with the entry of civilized world. Strength of the Tribal or so called uncivilised societies i.e. strong, social and familial ties is being taken over by the stress, strains, tensions, etc. giving foothold to suicides there too. If someone commits suicide then there are bound to be very compelling circumstances, where the suicidal tendencies overtake the survival instinct and the result is death,” it remarked.
The case pertained to the death of the appellant's wife in July 1999, within seven years of marriage. She died after consuming a substance suspected to be poison.
The prosecution alleged that the deceased was subjected to harassment in connection with dowry demands of ₹50,000, out of which ₹30,000 had been paid by her family. It was alleged that she continued to face ill-treatment for the remaining amount.
Based on the testimony of the deceased's parents and brother, the trial court had convicted the appellant under Sections 498A and 304B IPC and sentenced him to seven years' rigorous imprisonment.
On appeal, the High Court found that while there was sufficient material to establish harassment and cruelty in connection with dowry demands, there was no conclusive evidence to show that the appellant had caused the death of the deceased.
The Court expressed doubts over the alleged dying declaration made to the deceased's brother, noting inconsistencies in his testimony and the medical record indicating that the deceased was unfit to make a statement at the relevant time.
In these circumstances, the Court held that the prosecution had failed to establish the ingredients necessary to sustain a conviction for dowry death under Section 304B IPC. It said, "...As regards soon before her death she was subjected to harassment and cruelty, as referred above, no definite date and time etc. is available."
However, the Court held that the evidence clearly established persistent harassment of the deceased for dowry, which created circumstances that could have driven her to take her own life.
“There is a possibility that the deceased herself, fed up with her life, administered or mixed something poisonous in her tea and committed suicide. The only other possibility is that the Appellant or somebody else from the family of the Appellant mixed something in the tea of the deceased. Normally, kitchens are taken care of by the female folk of the family and therefore, in these circumstances it is highly unlikely that somebody else had the access to the kitchen or the tea being prepared or served by the deceased to herself and the Appellant,” it observed.
Holding that continuous harassment left the deceased with little recourse, the Court convicted the appellant under Section 306 IPC.
Finally, taking into account that the appellant had already undergone over three years and eight months of incarceration, and considering the passage of time since the incident, the Court reduced the sentence to the period already undergone.
Appearance: Ms. Aashaa Tiwari, Adv. alongwith Mr. Puneet Narula, Adv. for Appellant; Ms. Kiran Bairwa, APP for State with SI Preeti, PS SP Badli.
Case title: Veer Pal v. State
Case no.: CRL.A. 73/2003