SATVIR SINGH AND ORS. versus STATE OF PUNJAB AND ANR.

Citation: [2001] SUPP. 3 S.C.R. 353 · Decided: 27-09-2001 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Disposed off

Judgment (excerpt)

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SATVIR SINGH AND ORS. 
v. 
STATE OF PUNJAB AND ANR. 
SEPTEMBER 27, 2001 
[K.T. THOMAS AND S.N. VARIAVA, JJ.] 
Penal Code, 1860: 
Section 306-Abetment-Conviction under-Victim survived attempt to 
commit suicide-Held, conviction not justified-Condition precedent .for 
punishment is that the o.ffence abetted should necessarily have been committed. 
Section 116 read with Section 306-Conviction under-Held, not 
justified-Since there cannot be abetment o.f an abetment. 
Section 3048-Conviction under-Attempt to commit suicide on account 
of cruelty at nuptial home-Insufficiency of evidence to show that victim 
subjected to cruelty for demand of dowry soon be.fore attempt to commit 
suicide-Held, conviction notjust!fied-For invoking the section cruelty should 
have been caused 'Soon before her death '-If the interval between the cruelty 
and death is wide, the court is to decide the interval in the facts of the case. 
Sections 511 and 498 A-Conviction under-Cruelty to victim by 
accused-Victims' attempt to commit suicide-Held, conviction under Section 
498 A justified but not under Section 5Jl since the act is covered under Section 
498A. 
A 
B 
c 
D 
E 
Words and Phrases : 'Dowry '-Meaning of-In the context of Section 
p' 
304 B /PC and Dowry Prohibition Act, 1961 'Soon before herdeath'-Meaning 
of-In the context of Section 304 B /PC. 
Victim (PWS) attempted to commit suicide on acc.ount of the cruel 
treatment suffered by her in her nuptial home. Appellants accused were 
convicted under Section 116 read with Sections 306 and 498 A IPC relying 
G 
on the testimony of PWS. In her evidence PWS stated that she was ill-
treated for insufficiency of dowry after 4 of 5 months of the marriage, and 
that a sum of Rs. 20,000 was paid after three yeas of marriage but neither 
she nor her father testified that the said amount was paid as part of dowry. 
High Court concurred with Sessions Court. However, conviction under 
H 
353 
354 
SUPREME COURT REPORTS 
[2001] SUPP. 3 S.C.R. 
A 
Section 306 was substituted by Section 304 B read with Section 116 and 
sentence was enhanced. 
B 
ln appeal to this Court the victim contended that payment of Rs. 
20,000 after three years of marriage should be presumed as part of old 
demand for further dowry. 
Appellant-accused contended that Section 304 B could not apply to a 
case of suicide since Section 306 IPC is intended to cover all cases of suicide 
including dowry related suicide, in view of Section 113 A of the Evidence 
Act; and that the concept of abetment of an offence under Section 304 B is 
C 
inconceivable in the absence of death of a woman within the statutory 
period. 
· 
Disposing of the appeal, the Court 
HELD : 1. Section 306 IPC renders the person who abets the 
D 
commission of suicide punishable for which the condition precedent is that 
suicide should necessarily have been committed. It is possible to abet the 
commission of suicide. But nobody would abet a mere attempt to commit 
suicide. It would be preposterous if law could afford to penalise an abetment 
to the offence of mere attempt to commit suicide. [358-F; G] 
E 
2. Sessions Judge went wrong in convicting the appellants under 
Section 116 linked with Section 306 IPC. The former is "abetment of 
offence punishable with imprisonment- if - offence be not committed". But 
the crux of the offence under Section 306 itself is abetment. In other words, 
if there is no abetment there is no question of the offence under Section 
F 
306 coming into play. It is inconceivable to have abetment of an 
abetment. Hence there cannot be an offence under Section 116 read with 
Section 306 IPC. Therefore, the High Court was correct in altering the 
conviction from the penalising provisions fastened with the appellants by 
Sessions Court. [358-G-H; 359-A] 
G 
3.1. Section· 306 IPC when read with Section 113 A of the Evidence 
Act has only enabled the Court to punish a husband or his relative who 
subjected a woman to cruelty (as envisaged in Section 498 A IPC) if such 
woman committed suicide within 7 years of her marriage. It is immaterial 
for Section 306 IPC whether the cruelty or harassment was caused "soon 
H 
before her death" or earlier. If it was caused "soon before her death" the 
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SATVIR SINGH v. STATE 
355 
special provision in Section 304 B IPC would be invokable, otherwise 
A 
resort can be made to Section 306 IPC. [361-F; G] 
3.2. If death occurs otherwise than under normal circumstances 
within 7 years of the marriag

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