NARESH KUMAR versus STATE OF HARYANA

Citation: [2024] 2 S.C.R. 830 · Decided: 22-02-2024 · Supreme Court of India · Bench: J.B. PARDIWALA, MANOJ MISRA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

* Author
[2024] 2 S.C.R. 830 : 2024 INSC 149
Naresh Kumar 
v. 
State of Haryana
Criminal  Appeal (No.) 1722 of 2010
22 February 2024
[J. B . Pardiwala and Manoj Misra, JJ.]
Issue for Consideration
Conviction of the appellant for the offence punishable u/s.306, 
Penal Code, 1860, if justified.
Headnotes
Penal Code, 1860 – s.306 – Abetment of suicide – Evidence 
Act, 1872 – s.113A – Presumption as to abetment of suicide 
by a married woman – When cannot be raised – Conviction 
of the appellant u/s.306, IPC – Correctness:
Held: In order to convict a person u/s.306, IPC there has to be a 
clear mens rea to commit the offence – Mere harassment is not 
sufficient to hold an accused guilty of abetting the commission of 
suicide – It also requires an active act or direct act which led the 
deceased to commit suicide – The ingredient of mens rea cannot 
be assumed to be ostensibly present but has to be visible and 
conspicuous – Presumption u/s.113A is discretionary – Before the 
said presumption is raised, the prosecution must show evidence 
of cruelty or incessant harassment in that regard – The mere fact 
that the deceased committed suicide within a period of seven 
years of her marriage, the presumption u/s.113A, Evidence Act 
would not automatically apply – PW-4 and PW-5 (brother and 
father of the deceased) only stated that after the marriage, there 
was a demand of some money by the appellant, as he wanted to 
start a ration shop and on account of such demand, the deceased 
used to remain tense – However, what ultimately led the deceased 
to take such a drastic step of committing suicide is not clear – 
Their evidence does not disclose any form of incessant cruelty 
or harassment on his part which would in ordinary circumstances 
drag the wife to commit suicide as if she was left with no other 
alternative – Mere demand of money from the wife or her parents 
[2024] 2 S.C.R. 
831
Naresh Kumar v. State of Haryana
for running a business without anything more would not constitute 
cruelty or harassment – Prosecution did not establish the guilt 
of the accused beyond reasonable doubt – Order of conviction 
passed by Trial Court as affirmed by the High Court, set aside – 
Appellant acquitted. [Paras 22, 29, 28, 10, 11 and 35-37]
Evidence Act, 1872 – s.113A – Requirements under – 
Discussed.
Evidence Act, 1872 – s.113A – Assessment of evidence – 
Duty of Courts:
Held: Court should be extremely careful in assessing evidence 
u/s.113A for finding out if cruelty was meted out – If it transpires 
that a victim committing suicide was hyper sensitive to ordinary 
petulance, discord and differences in domestic life quite common 
to the society to which the victim belonged and such petulance, 
discord and differences were not expected to induce a similarly 
circumstanced individual in a given society to commit suicide, 
the conscience of the Court would not be satisfied for holding 
that the accused charged of abetting the offence of suicide was 
guilty. [Para 30]
Evidence Act, 1872 – ss.113A, 113-B– Presumptions under 
both the sections – Fine distinction between:
Held: In s.113A the legislature has used the word ‘may’, whereas 
in s.113B the word used is ‘shall’ – The term ‘the Court may 
presume having regard to all other circumstances of the case that 
such suicide had been abetted by her husband’ would indicate 
that the presumption is discretionary, unlike the presumption 
u/s.113B, which is mandatory – From the mere fact of suicide 
within seven years of marriage, one should not jump to the 
conclusion of abetment unless cruelty was proved – Court has 
the discretion to raise or not to raise the presumption, because 
of the words ‘may presume’ – It must take into account all the 
circumstances of the case which is an additional safeguard. 
[Paras 27, 29 and 32]
Administration of Justice – Administration of Criminal 
Justice – Penal Code, 1860 – s.306 – Abetment of suicide 
– Appreciation of evidence – Guilt of the accused to be 
determined in accordance with law – Correct application 
832
[2024] 2 S.C.R.
Digital Supreme Court Reports
of principles of law – Duty of Courts – In 1993, appellant’s 
wife committed suicide by consuming poison allegedly on 
account of incessant harassment by him – Appellant held 
guilty u/s.306 IPC, his parents were acquitted by Trial Court 
– Appellant’s conviction upheld by High Court – Acquitted 
by Supreme Court in 2024:
Held: Ordeal of the appellant which started in 1993 has come to 
an end in

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