ACQUITTAL IN ABETMENT OF SUICIDE MERE ALLEGATIONS OF HARASSMENT NOT SUFFICIENT

07 May 2024 8:19 AM

By: Admin

High Court stated, "Mere allegations of harassment or cruelty without concrete evidence are insufficient to prove the offense." The court further emphasized the need for a live link or nexus between the accused and the act of suicide to constitute abetment under Section 306 IPC.

In a judgment the High Court of Punjab and Haryana has upheld the acquittal of the accused in a case involving charges of abetment of suicide. The court, in its ruling, emphasized the necessity of concrete evidence and the establishment of essential elements for conviction under Section 306 of the Indian Penal Code (IPC).

Challenging the lower court's decision, the State of Haryana had filed an appeal before the High Court, seeking to overturn the acquittal. The case, State of Haryana vs. Darshan Lal and another, revolved around allegations made by Sunder Dass, the father of the deceased.

The prosecution had alleged that the deceased, who had been married for 18 years, had been subjected to harassment and dowry demands by her husband and in-laws. Tragically, she had taken her own life by consuming a poisonous substance.

However, after carefully examining the evidence presented, the trial court had acquitted the accused, citing a lack of conclusive proof. In its judgment, the trial court highlighted the vague and unsubstantiated nature of the allegations.

In the appeal before the High Court, the Hon'ble Mr. Justice N.S. Shekhawat, presiding over the case, affirmed the trial court's decision. The court concurred that the prosecution had failed to establish the guilt of the accused beyond a reasonable doubt.

The court underscored the importance of mens rea, the mental intention or knowledge, in establishing guilt. It noted that a positive act on the part of the accused to instigate or aid in committing suicide is imperative for a conviction under Section 306 IPC.

High Court has reaffirmed the critical role of strong and conclusive evidence in securing a conviction in cases of abetment of suicide. The judgment serves as a reminder that the burden of proof lies with the prosecution, and vague allegations alone are insufficient grounds for conviction.

The acquittal of the accused in this case underscores the need for a meticulous evaluation of evidence and the importance of proving mens rea in cases involving allegations of abetment of suicide. The judgment sets a precedent for future cases, ensuring that justice is served based on sound legal principles and established evidentiary standards.

Date of Decision: 22.03.2023

State of Haryana vs Darshan Lal and another