MARIANO ANTO BRUNO & ANR. versus THE INSPECTOR OF POLICE

Citation: [2022] 14 S.C.R. 889 · Decided: 12-10-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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[2022] 14 S.C.R. 889
889
MARIANO ANTO BRUNO & ANR.
v.
THE INSPECTOR OF POLICE
(Criminal Appeal No. 1628 of 2022)
OCTOBER 12, 2022
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Penal Code, 1860 – ss. 498A, 306 and 107 – Marriage of
Appellant No.1 (husband) & deceased was solemnized in 2005 – A
male child was born out of wedlock in 2007 – Prosecution case
that Appellant No.1 caused immense mental torture to deceased by
compelling her to have another child despite her miscarriage with
second pregnancy and that deceased was subjected to continuous
cruelty which drove her to commit suicide – Trial court convicted
appellant No.1 & mother-in-law of deceased u/s 498A & 306 IPC –
High Court upheld the conviction of appellants – Held: To convict
a person u/s.306 IPC, there has to be clear mens rea to commit
offence – It also requires an active act or direct act which leads
deceased to commit suicide finding no other option and the act
must be such reflecting intention of the accused to push deceased
into such a position that she commits suicide – The prosecution has
to establish beyond reasonable doubt that the deceased committed
suicide and appellant No.1 abetted the commission of suicide of the
deceased – In the present case, both the elements were absent – So
far as conviction u/s.498A IPC is concerned, except the statement
of PW-1 to PW-3 recorded after the incident, there is no other
evidence to establish the allegation of any demand of dowry or ill
treatment meted out to the deceased during her marriage – PW-1 to
PW-3 were interested witnesses & there were material contradictions
in their testimonies –There was no marital discord between Appellant
No.1 & deceased during nine years of their married life – The fact
that deceased was suffering from bipolar disorder was concealed
from the family of appellant family during their marriage – Also,
the evidence of PW-9 i.e., the psychiatrist was not considered by
the Courts below – Conviction of appellants u/ss.306 and 498A
IPC, accordingly, not sustainable.
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SUPREME COURT REPORTS
[2022] 14 S.C.R.
Allowing the appeal, the Court
HELD:1.1. Before convicting an accused under s.306 IPC,
the Court must scrupulously examine the facts and circumstances
of the case and also assess the evidence adduced before it in
order to find out whether cruelty and harassment meted out to
the victim had left the victim with no other alternative but to put
an end to her life. It is also to be borne in mind that in cases of
alleged abetment of suicide, there must be proof of direct or
indirect acts of incitement to the commission of suicide. Merely
on the allegation of harassment without their being any positive
action proximate to the time of occurrence on the part of the
accused which led or compelled the person to commit suicide,
conviction in terms of s.306 IPC is not sustainable.[Para 38][906-
H; 907-A-B]
1.2. In the present case, not only the positive action in close
proximity to the time of suicide is absent but also there is no
evidence for any continuous physical or mental torture meted
out to the deceased by the appellants. On the contrary, appellant
no. 1 himself took the deceased to consult a psychiatrist just a
day prior to this incident obviously with the intention to make
her feel better. The said act can by no stretch of imagination be
said to be any such act which may lead the deceased to commit
suicide. Further, the allegations made by PW-1 to PW-3 in their
statement with respect to continuous harassment and torture of
the deceased by the appellants just after the marriage is not
worthy of being relied upon and has to be taken with a pinch of
salt on account of fact that throughout their 9 years of marriage,
there has never been any complaint or a whisper in this regard
either by the deceased or her family members who appeared as
prosecution witnesses. Even the deceased herself who was a
qualified doctor never made any complaint in this regard. It is
really hard to believe that a well-educated and self-reliant lady
would take such things lying down for a substantially long period
of 9 years. [Para 35][906-A-D]
1.3. To convict a person under Section 306 IPC, there has
to be clear mens rea to commit offence. It also requires an active
act or direct act which leads deceased to commit suicide finding
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no other option and the act must be such reflecting intention of
the accused to push deceased into such a position that he commits
suicide. T

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