Supreme Court Quashed FIR against Husband in Suicide Case – Lack of Evidence
In a significant legal development, the Supreme Court of India has quashed proceedings against the accused in a landmark judgment delivered today. The case, Criminal Appeal No.901 of 2017, revolved around the jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C.) and challenges to proceedings pending under Sections 417, 498(A), 306, 406, and 201 of the Indian Penal Code (IPC). The apex court granted special leave and examined the matter meticulously before arriving at its decision.
The core issue of the case centered around the evidence required to establish suicide under Section 306 of the IPC. In its ruling, the court observed, “To attract the ingredients of Section 306 IPC, there must be evidence to substantiate the existence of suicide. It should be followed by abetment, as required under Section 107 of the IPC.” The court found no merit in the evidence put forth to substantiate suicide, highlighting the deceased’s health issues and apparent marital discord. Consequently, the proceedings were quashed due to lack of material evidence under Section 306 IPC.
Another crucial aspect that emerged from the judgment was the importance of prompt complaint by a police officer complainant. The court questioned the delayed complaint, which was made only after the cremation, raising doubts about its validity. The court noted, “The de facto complainant being a police officer himself has not given a complaint promptly after the death. On the contrary, he himself performed the cremation the next day, and gave the complaint on 18.04.2009.”
The court, in its wisdom, acquitted the accused due to insufficient material evidence and lack of proof of suicide. Consequently, the appeals by the de facto complainant against the accused were dismissed. The court allowed Criminal Appeal No. 901, thereby setting aside the impugned judgment of the High Court.
Date of Decision: 9th August, 2023
YADDANAPUDI MADHUSUDHANA RAO vs THE STATE OF ANDHRA PRADESH & ORS
