KASHIBAI & ORS. versus THE STATE OF KARNATAKA

Citation: [2023] 3 S.C.R. 175 · Decided: 28-02-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Case Partly allowed
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Judgment (excerpt)

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   [2023] 3 S.C.R. 175
175
KASHIBAI & ORS.
v.
THE STATE OF KARNATAKA
(Criminal Appeal No. 627 of 2023)
FEBRUARY 28, 2023
[AJAY RASTOGI AND BELA M. TRIVEDI, JJ.]
Penal Code, 1860 – ss.498A, 306 r/w 34 – Appellants-accused
were convicted u/ss.498A, 306 r/w 34 and sentenced – Held:
Deceased was subjected to harassment at the instance of appellants
– Prosecution has successfully brought home the charges levelled
against them for the offence u/s.498A r/w s.34 – However, it failed
to adduce any clinching evidence to conclude that the appellants
abetted the deceased to commit suicide – Mere fact of commission
of suicide by itself would not be sufficient for the court to raise the
presumption u/s.113A, Evidence Act, and to hold the accused guilty
of s.306 – In absence of any satisfactory evidence on record, both
the Courts below committed grave error in holding the appellants
guilty of the offence u/s.306 – Conviction of the appellants u/s.498A
upheld, however they are acquitted from the charges levelled u/
s.306 by giving them benefit of doubt – Further, since the appellants
have already undergone the imprisonment for two years for the
offence u/s.498A r/w s.34, as directed by the courts below, to be set
free forthwith – Evidence Act, 1872 – s.113A.
Penal Code, 1860 – ss.306, 107 – Held: In order to convict a
person for the offences u/s.306, the basic constituents of the offence
namely where the death was suicidal and whether there was an
abetment on the part of the accused as contemplated in s.107 have
to be established – Further, in order to bring the case within the
purview of ‘abetment’ u/s.107, there has to be an evidence with
regard to the instigation, conspiracy or intentional aid on the part
of the accused – For proving the charge u/s.306, also there has to
be an evidence with regard to the positive act on the part of the
accused to instigate or aid to drive a person to commit suicide.
M. Mohan  vs.  The State Represented By The Deputy
Superintendent of Police (2011) 3 SCC 626 : [2011] 3
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
SCR 437; Mangat Ram  vs.  State of Haryana  (2014)
12  SCC 595 : [2014] 4 SCR 988 – relied on.
Case Law Reference
[2011] 3 SCR 437
relied on
Para 9
[2014] 4 SCR 988
relied on
Para 15
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No.627 of 2023.
From the Judgment and Order dated 06.03.2021 of the High Court
of Karnataka at Kalaburagi in CRLA No.200027 of 2014.
Ms. Afshan Pracha, Prakash Jadhav, Anirudh Sanganeria,
Ravichandra Jadhav, Advs. for the Appellants.
Shubhranshu Padhi, Vishal Bansal, Ms. Rajeshwari Shankar,
Niroop Sukirthy, Md. Ovais, Advs. for the Respondent.
BELA M. TRIVEDI, J.
1. Leave granted.
2. The judgment and order dated 06.03.2021 passed by the High
Court of Karnataka, Kalaburagi Bench in Criminal Appeal No.200027/
2014 is underchallenged before this Court, whereby the High Court has
dismissed the said appeal filed by the appellants-accused against the
judgment and order dated 11.02.2014 passed by the II Additional Sessions
Judge, Bijapur (hereinafter referred to as “the Sessions Court”) in
Sessions Case No.5/2011. The Sessions Court vide the said judgment
and order had convicted and sentenced the present appellanti.e., the
accused nos. 1, 2 and 3 for the offences under Section 498A and Section
306 read with Section 34 of IPC, and acquitted the accused no.4 Santosh
Jangamshetti, son of Kallappa Jangamshetti, who happened to be the
brother-in-law of the deceased Jayashree, from the said charges.
3. The deceased Jayashree had married the appellant no.3,
Chandrashekhar about three years prior to the alleged incident. The
appellant nos.1 and 2 happened to be the mother-in-law and father-in-
law of the said deceased respectively. Smt. Annapurna, wife of Sadashiv
Limbikai, mother of the deceased lodged a complaint before the
Bableshwar Police Station alleging inter alia that her daughter Jayashree
was given in marriage to accused no.3, Chandrashekhar. After the
marriage, her parents-in-law,brother-in-law and her husband ill-treated
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Jayashree both physically and mentally on account of demand of dowry.
Her daughter Jayashree because of such harassment committed suicide
on 07.02.2010 at about 11:00 am by jumping into an open well situated in
a land bearing Survey Number 53/4 at the TiganiBidari village. The said
complaint came to be registered against the accused for the offences
under Section 498A and 306 read with Section
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