LexM. MOHAN versus THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
-- [2011) 3 S.C.R. 437 • M. MOHAN v . . THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE (Criminal Appeal No. 611 of 2011) MARCH 01, 2011 [DALVEER BHANDARI AND SURINDER SINGH NIJJAR, JJ.] A B Penal Code, 1860 - ss. 304-8, 498-A and 306 - Dowry C death, cruelty by husband or relatives of husband and abetment of suicide - Allegation that the victim was prevented from using the car owned by her brother-in-law and his wife, and in this regard was also taunted by the latter - Victim committing suicide by hanging herself in her matrimonial D house four days later- Victim's husband, 1- rofher-in-law's wife, and the appellants (two brothers-in-law anci mother-in-law of the victim), charge sheeted u/ss. 304-B, 498-A and 306 - Petition uls. 482 Cr.P.C. by the appellants - Charges ulss. 498-A and 304-B quashed, however, charges u/s 306 upheld E - On appeal, held: No proximate link between the incident when the deceased was denied permission to use the car with the factum of suicide which took place four days later - No instances of instigation or a/legations against the appellants . \. - Thus, no offence u/s. 306 made out against the appellants F and their conviction u/s. 306 not sustainable - High Court not justified in rejecting the petition filed by the appellants u/s. 482 Cr.P.C. for quashing the charges u/s. 306 against them - Charges u/s. 306 against the appellants quashed - Order passed by the High Court set aside - Code of Criminal G Procedure, 1973 - s. 482. The prosecution case was that the victim and her husband (A-1) stayed in a joint family after their marriage. A-2 and A-4 are the brothers-in-law of the victim, while A- 437 H 438 SUPREME COURT REPORTS [2011) 3 S.C.R. A 5 is the mother-in-law of the victim. A-3 is the wife of A-2. A-2 and A-3 owned a car. On the fateful day, while the other members of the family visited the theme park in the said car, A-1 and the victim were prevented from traveling in the said car and were instead asked by A-3 to reach B . the destination by public bus. It is alleged that A-3 taunted the victim that if she wanted to travel in· car she should bring a car from her parents. Four days later, the victim committed suicide by hanging herself In her matrimonial home. The said i.ncident took place within three and a half c years of her marriage. The father of the victim filed a complaint alleging that A-1 and A-3 were responsible for tlis daughter's suicide. A 1, A 3 and the appellants (A 2, A 4, A 5) were charge sheeted under Sections 304-B, 498- A and 306 IPC. The appellants filed a petition under 0 Section 482 Cr.P .C. for quashing the proceeding against them. The High Court held that no case of dowry demand was made out against them and quashed the charges under Section 498-A and 304-B IPC against them but held that they have to face trial for the offence under Section E 306 IPC. Therefore, the appellants filed the instant appeals. Allowing the appeals, the Court -- HELD: 1.1 Section 306 IPC deals with 'abetment of F suicide'. The word 'suicide' in itself is nowhere defined in the Penal Code, 1860 however, its meaning and import is well known and requires no explanation. 'Sui' means 'self and 'cide' means 'killing', thus, implying an act of self-killing. In short a person committing suicide must G commit it by himself, irrespective of the means employed by him in achieving his object of killing himself. In India, while suicide itself is not an offence considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under Section 309 IPC. [Paras 37, H 38 and 39] (455-H; 456-B-D] -- M. MOHAN v. STATE TR. DY. SUPDT. OF POLICE 439 1.2 Abetment involves a mental process of instigating A · a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. [Para 45] [458-F-G] 1.3 In order to convict a person under Section 306 B IPC, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased c into such a position that he/she committed suicide. [Para 46] [458-G-H; 459-A] Gangu/a Mohan Reddy v. State of Andhra Pradesh (2010) 1 SCC 750; Mahendra Singh and Anr. v. State of M.P. D 199
Excerpt shown. Read the full judgment & AI analysis in Lexace.