Mere Fact Of Commission Of Suicide Itself Not Sufficient To Raise Presumption Under Section 113A Evidence Act : Supreme Court

The Supreme Court held that the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).

In this case, the accused (husband, mother in law and father in law) were convicted under Section 498A and Section 306 read with Section 34 of IPC. This conviction was upheld by the High Court.

In appeal before the Apex Court, the issue raised was whether the prosecution had proved beyond reasonable doubt the charge levelled against the appellant with regard to the offence punishable under Section 306 read with Section 34 of IPC?

The court noted that in in order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established.

Perusing the evidence on record, the bench found that there is no evidence to show that the accused had either instigated or intentionally aided or abetted the deceased to commit suicide or had caused any abetment as contemplated under Section 107 of the IPC.

"Though it is true that as per Section 113A of the Evidence Act, when the question arises as to whether commission of suicide by a woman had been abetted by her husband or any relative of her husband, and when it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court can presume, having regard to the other circumstances, that such suicide has been abetted by her husband or such relative of her husband. However, mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC.", the bench of Justices Ajay Rastogi and Bela M Trivedi observed while acquitting the accused of offence under Section 306 IPC. However, the conviction for the offence of cruelty under Section 498A IPC was upheld.

Since the appellants have already undergone the imprisonment for a period of two years for the offence under Section 498A read with Section 34 of IPC, the Court directed to set free the appellants forthwith

Case details

Kashibai vs State of Karnataka | 2023 LiveLaw (SC) 149 | SLP(Crl) 8584/2022 | 28 Feb 2023 | Justices Ajay Rastogi and Bela M Trivedi

For Petitioner(s) Mr. Prakash Jadhav, Adv. Mr. Parikshit Angadi, Adv. Mr. Anirudh Sanganeria, AOR

For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Vishal Bansal, Adv. Ms. Rajeshwari Shankar, Adv. Mr. Niroop Sukirthy, Adv. Mohd Ovais, Adv.

Headnotes

Indian Evidence Act, 1872 ; Section  113A - Indian Penal Code, 1860 ; Section 306 - Mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC. (Para 14)

Indian Penal Code, 1860 ; Sections 306, 107- In order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established - In order to bring the case within the purview of ‘Abetment’ under Section 107 IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused. For the purpose proving the charge under Section 306 IPC, also there has to be an evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide - Referred to M. Mohan Vs. State Represented by the Deputy Superintendent of Police (2011) 3 SCC 626. (Para 6-10)

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