AMALENDU PAL @ JHANTU versus STATE OF WEST BENGAL

Citation: [2009] 15 S.C.R. 836 · Decided: 11-11-2009 · Supreme Court of India · Bench: MUKUNDAKAM SHARMA · Disposal: Case Partly allowed

Cited by 17 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2009] 15 (ADDL.) S.CR. 836 
AMALENDU PAL @ JHANTU 
v. 
STATE OF WEST BENGAL 
(Criminal Appeal No. 2091 of 2009) 
NOVEMBER 11, 2009 
[DR. MUKUNDAKAM SHARMA AND R.M. LODHA, JJ.] 
Penal Code, 1860: 
s. 306 - Applicability of - Held: For applicability of s. 306, 
there must be a case of suicide and in the commission of 
C suicide, person said to have abetted it must have played active 
role by an act of instigation or by doing certain act to facilitate 
the commission of suicide - On facts, appellant brought 
another woman to his house - Allegations of mental and 
physical torture on deceased-wife - After about three months. 
o of second marriage by the appellant, deceased committed 
suicide - Conviction of appellant by courts below under s.306 
not maintainable as from the period of three months which 
elapsed in between the incidents of the appellant bringing the 
other woman and deceased committing suicide, it can be 
inferred that it was not the act of the appellant which instigated 
E or provoked deceased to commit suicide - s. 107. 
s.498A - Conviction by courts below - Held: Justified as 
there was sufficient evidence to prove that cruelty was meted 
out to the deceased by her husband- Crime against woman. 
F 
Prosecution case was that appellant-husband was 
married to deceased in 1977. He developed extra marital · 
relationship with a woman. When deceased came to know 
about such relationship, she objected. The appellant 
sought permission of deceased to marry th~ other woman. 
G When she refused, appellant started torturing her both 
physically and mentally. Three months prior to the date of 
incident, appellant allegedly married the other woman and 
brought her to his house. A day prior to incident, deceased 
was tortured by appellant, the other woman and other 
H 
836 
AMALENDU PAL @ JHANTU v. STATE OF WEST 
837 
BENGAL 
accused persons. On the fateful day, deceased was found 
A 
:t 
hanging from the ceiling of the house of appellant. 
Trial court framed charges under Section 498A read 
with Section 34 IPC and Section 306 read with Section 34 
IPC against the appellant and seven other accused 
persons. Trial Court convicted the a·ppellant under 
B 
Sections 498A and 306 IPC and sentenced him to undergo 
rigorous imprisonment for three years and for eight years 
together with a fine of Rs 1000/- respectively. All the other 
} 
seven accused persons were acquitted. High Court 
upheld the order of conviction and affirmed the sentence. c 
Hence the present appeal. 
Partly allowing the appeal, the Court 
HELD: 1. Before holding an accused guilty of an 
offence under Section 306 IPC, the Court must 
scrupulously examine the facts and circumstances of the 
D 
case and also assess the evidence adduced before it in 
>: 
order to find out whether the cruelty and harassment 
meted out to the victim had left the victim with no other 
alternative but to put an end to her life. In cases of alleged 
abetment of suicide, there must be proof of direct or E 
indirect acts of incitement to the commission of suicide. 
The conviction in terms of Section 306 IPC is not 
sustainable merely on the allegation of harassment 
without there being any positive action proximate to the 
• 
time of occurrence on the part of the accused which led 
..._ 
or COl)lpelled the person to commit suicide. Therefore, the 
F 
act of abetment by the person charged with the said 
offence must be proved and established by the 
prosecution before he could be convicted under Section 
306 IPC. A person is said to abet the commission of suicide 
when a person instigates any person to do that thing as 
G 
stated in clause firstly or to do anything as stated in 
J 
clauses secondly or thirdly of Section 107 IPC. [Paras 15, 
16 and 17] [845-G-H; 846-A-E] 
2.1. A close and careful scrutiny of the oral evidence 
.. 
of the prosecution witnesses showed that the appellant 
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838 
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R. 
A and the deceased enjoyed a happy married life for 5-6 
years from the date of their marriage and that the problems . 
' 
between the appellant and the ~eceased cropped up and 
their matrimonial life got strained only after the appellant 
developed an extra-marital relationship during his stay in 
B Calcutta and the ·said liaison became known to the 
) 
deceased.Jt was only when the appellant was denied 
permission by the deceased to marry the other woman that 
;... 
he started torturing the deceased both mentally as well as 
physical

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