LexHANS RAJ versus STATE OF HARYANA
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;... A HANS RAJ _..... v. STATE OF HARYANA FEBRUARY 26~ 2004 B [N. SANTOSH HEGDE AND B.P. SINGH, JJ.] - ,._ Penal Code, 1860-Sections 306 and 498-A-Evidence Act, 1872- Section 113-A-Suicide by wife-Allegations of cruelty against husband but c no direct evidence that suicide abetted by husband-Case sought to be made ........ out at trial not stated in the course of investigation-Conviction of husband under section 306 taking aid of presumption-Justification of-Held: Having ·- regard to the evidence on record, prosecution is guilty of improving its case from stage to stage-Further on slender evidence presumption under section 113A cannot be invoked-Mere fact that woman subjected to cruelty by her D husband does not automatically give rise to presumption that suicide was abetted by her husband-Cruelty is to be of such a nature driving her to commit suicide-Hence, conviction under section 306 set aside but having regard to the evidence on record conviction under section 498-A justified. E According to the prosecution, appellant's wife committed suicide on account of cruelty and harassment meted out to her by the appellant. Father of the deceased lodged FIR. It was alleged that there were frequent quarrels ___ .. sometimes resulting in physical assaults between appellant and his wife whenever deceased attempted to prevent her husband from taking 'bhang' and that he was aggrieved of the fact that his sister married to his wife's F brother was not looked after properly by her husband. However, the father of the deceased did not state during the course of investigation that the appellant used to taunt the deceased because she was not good looking, or ·.~ that he was going to re-marry, or that he was addicted to liquor and even used to beat her or that the deceased had r~ported these matters to her parents and others or that the deceased had once come to her father's house in an G injured condition. Also the brother of the deceased did not state during investigation that appellant was addicted to liquor, or that the appellant had told him that his sister was not good looking or that his sister told him that appellant was aggrieved by this fact. Trial court found that though there were improv~ments in.the statements of the prosecution witnesses, it could not be ....... H 676 ,. '--· -- -- .. HANS RAJ v. STATE OFHARYANA 677 disbelieved that the appellant treated his wife with cruelty. It took the view A that since the deceased committed suicide and appellant did not disclose as to what conversation preceded her committing suicide and that there were allegations of cruelty against the appellant, it must be presumed under s,ection 113-A of the Evidence Act that the suicide had been abetted by him. Trial Court convicted and sentenced the appellant under Section 306 IPC. High B Court upheld the order. Hence the present appeal. Partly allowing the appeal, the Court HELD: 1.1. In the instant case, there is no direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide C or entered into any conspiracy to aid her in committing suicide. In the absence of direct evidence the prosecution has relied upon section 113-A of the Evidence Act under which the Court may presume on proof of circumstances enumerated therein, and having regard to all the other circumstances of the case, that the suicide had been abetted by the accused. Section 113-A gives a discretion to the court to raise such a presumption, having regard to all the D other circumstances of the case, which means that where the allegation is of cruelty, it must consider the nature of cruelty to which the woman was subjected, whether it was of such nature as was likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman, having regard to the meaning of word cruelty in Section 498-A JPC. The mere fact that a woman committed suicide within seven years of E her marriage and that she had been subjected to cruelty by her husband, docs not automatically give rise to the presumption that the suicide had been abetted by her husband. [683-F; 684-C-D) Rameshkumar v. State of Chhattisgarh, [2001) 9 SCC 618; Sanju Alias F Sanjay Singh Sengar v. State of MP., [2002) 5 SCC 371 and West Bengal v. Orilal Jaiswal and Anr., (1994) 1 SCC 73, referred to. 1.2. Having gone through the evidence on record it is clear that the pro
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