LexGURUCHARAN KUMAR AND ANR. versus STATE OF RAJASTHAN
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A B GURUCHARAN KUMAR AND ANR. v. STATE OF RAJASTHAN JANUARY 8, 2003 [N. SANTOSH HEGDE AND B.P. SINGH, JJ.] Penal Code, /86~ections 304B and 306-Dowry death and abetment of suicide-Both trial court and High Court convicting husband and in-laws C of deceased-Appeal by in-laws and not by husband since he has already undergone the entire sentence-Held: oral evidence creating impression that accused harassing deceased for dowry, however, documentary evidence not substantiating such a/legations, thus prosecution/ailed to prove its case beyond reasonable doubt-Hence in-laws to be acquitted-Since case of husband same as case of in-laws, husband also to be acquitted-Benefit to non-appealing D accused-Practice and Procedure. According to the prosecution, a lady committed suicide by hanging after two and a half months of her marriage on account of demand of a car towards dowry. At that time, she was residing with her husband and in-laws. After the incident girl's parents wer~ informed and they reached E the place of occurrence. Father of the deceased lodged an FIR. Investigations were carried out. Thereafter husband of the deceased and her in - laws were tried for offence under Sections 3048 and 306 IPC. Trial Court convicted and sentenced them for the offence committed. High Court confirmed the conviction and sentence. Hence the present appeal F by the in-laws. G H Appellants contended that deceased may have felt the absence of a car as she was accustomed to moving about on her own in her father's car. Respondent contended that the suicide note only indicated that deceased was committing suicide voluntarily and it did not amount to the exoneration of accused. Allowing the appeal, the Court HELD: 1.J. Letters written by the mother of deceased to her 60 ) ( GURUCHARAN KUMAR v. STATE OF RAJASTHAN 61 daughter and her son-in-law do not support the case of the prosecution A · that deceased was being subjected to torture and harassment or was being constantly taunted for not bringing a car in dowry. Furthermore, according to the prosecution, these letters were written during the period when she was being subjected to cruelty. On the contrary, it appears from these letters that she was well looked after in her matrimonial home and B that all members showered on her love and affection, so much so that she was very keen to get her brother-in-law married to a good girl of fair complexion and there was no other demand. The only indication, if at all, is about her finding it difficult to adjust in the new surroundings for which she found herself guilty for entertaining such feelings. (69-E-H; 70-AJ c 1.2. In the suicide note there is no statement to the effect that deceased was committing suicide because she had been harassed or tortured by her husband or her in-laws or was compelled to end her life because she was being constantly taunted for having not got a car in dowry which can be used against the accused. In fact, that note says that no one was responsible for what she was doing, and what she was doing was D entirely of her own will. )70-C, DJ 1.3. The evidence on record does not suggest that deceased was subjected to cruelty or harassment by her husband or by her father and mother-in-law for or in connection with any demand.for dowry. Rather E it supports the case of defence that accused showered love and affection on deceased. She may have committed suicide, as she was unable to adjust herself in the changed surroundings of her matrimonial home being a highly emotional person. Therefore, the prosecution has failed to prove its case beyond reasonable doubt, and appellants are entitled to acquittal. Hence the order of High Court as well as trial court is set aside and appellants F are acquitted of the charges levelled against them. (71-F-G; 72-Al 2. Even in a case where one of the accused has not preferred an appeal, or even if his SLP is dismissed, in case relief is granted to the remaining accused and the case of the accused, who has either not appealed or whose SLP has been dismissed, stands on the same footing, he should G not be denied the benefit which is extended to the other accused. In the instant case, husband of deceased, has not preferred an appeal before this Court, on account of the fact that he has already served out the sentence imposed against him. However, though his sufferings cannot be obliterated, certainly the stigma attached to him on
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