LexJAYEDEEPSINH PRAVINSINH CHAVDA & ORS. versus STATE OF GUJARAT
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[2024] 12 S.C.R. 439 : 2024 INSC 960 Jayedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat (Criminal Appeal No. 5175 of 2024) 10 December 2024 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration Matter pertains to correctness of the order passed by the High Court refusing to discharge the appellants-accused from offences punishable u/s.306, 498A and 114 of IPC. Headnotes† Code of Criminal Procedure, 1973 – s.227 – Discharge of accused – Propriety – FIR by the girl’s father against the appellants-husband and in-laws for offences u/ss.306, 498A, 114 IPC alleging that the girl committed suicide after 12 years of marriage due to the physical and mental harassment meted out by the husband which included the husband selling her ornaments, given to her as streedhan and harassed her, whenever she demanded them back – Application seeking discharge u/s.227 by the appellant on the ground that since the incident took place twelve months ago, the offence u/ss.306, 498A, 114 IPC not made out against them – Discharge application dismissed holding it did not seem just and proper to discharge or acquit any accused person without recording evidence on all the facts alleged – Revision Petition also dismissed holding that the appellants failed to bring any material on record to prove that a prima facie case is not made out to frame charges against them – Correctness: Held: From a perusal of the statement by the informant and other witnesses, FIR, findings of the Investigating Officer in the chargesheet as well as the statements of the deceased’s cousins recorded during investigation prima facie indicate that the deceased was subjected to physical as well as mental cruelty by her husband and in-laws – Also the specific instance related to the alleged selling of the gold ornaments and subsequent cruelty upon the demand * Author 440 [2024] 12 S.C.R. Digital Supreme Court Reports for return made by deceased – Preliminary analysis points towards the probable commission of the offence of cruelty as provided u/s. 498-A IPC – Thus, the appellants cannot be discharged for offence u/s. 498-A IPC – As regards, offence u/s. 306 IPC, no proximate link between the alleged facts, instances of harassment and her subsequent death by hanging – Alleged incident of selling of gold ornaments and subsequent physical and mental harassment, as alleged, occurred almost a year before the FIR was registered at the instance of the father of the deceased – Even if true, do not reflect any intention to instigate, incite or provoke the deceased to commit suicide – Even the statements of the deceased’s cousins only mention instances which occurred a year prior to the death of the deceased – Mere harassment and such issues between the wife and her husband along with the in-laws do not appear to create a scenario where she was left with no option other than to end her life – Thus, prima facie, it appears that the appellants did not have the requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased – Ingredients for the offence u/s. 306 IPC not made out, thus, cannot be charged u/s. 306 IPC – Appellants discharged from the charges u/s. 306 IPC, however the charge u/s. 498A IPC upheld – Penal Code, 1860. [Paras 14, 15, 26-28] Penal Code, 1860 – s.306 – Abetment of suicide – Necessary ingredients – Explanation: Held: For a conviction u/s. 306 IPC, there must be clear evidence of direct or indirect acts of incitement to commit suicide – Cause of suicide, especially in the context of abetment, involves complex attributes of human behavior and reactions, requiring the Court to rely on cogent and convincing proof of the accused’s role in instigating the act – Mere allegations of harassment are not enough unless the accused’s actions were so compelling that the victim perceived no alternative but to take their own life – Such actions must also be proximate to the time of the suicide – Court examines whether the accused’s conduct, including provoking, urging, or tarnishing the victim’s self-esteem, created an unbearable situation – If the accused's actions were intended only to harass or express anger, they might not meet the threshold for abetment or investigation – Each case demands a careful evaluation of facts, considering the accused’s intent and its impact on the victim. [Para 24] [2024] 12 S.C.R
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