SOHAN RAJ SHARMA versus STATE OF HARYANA

Citation: [2008] 5 S.C.R. 1200 · Decided: 07-04-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Case Allowed

Judgment (excerpt)

[2008) 5 S.C.R. 1200 
A 
SOHAN RAJ SHARMA 
V. 
STATE OF HARYANA 
(Criminal Appeal No. 1464 of 2007) 
B 
APRIL 7, 2008 
[DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.] 
• 
Penal Code, 1860: s. 306 -Abetment of suicide - Suicide 
committed by wife - A/legation against husband that he was 
c sexually pervert and was trying to defame her- conviction by 
trial court as well as High court - On appeal, held: In cases of 
abetment of suicide there must be proof of direct/indirect acts 
of incitement to the commission of suicide - Mere fact that 
husband treated the wife with cruelty not sufficient proof - In 
D the facts of the case offence not made out - Hence acquitted. 
ss. 107 and 109 -Abetment- Ingredients for commission 
of - Discussed. 
1 
Words and Phrases - 'Instigate' - Meaning of in the 
E context of s. 107 /PC. 
-
FIR was lodged against appellant-accused alleging 
that he was responsible for the circumstances which 
compelled his wife to consume poison causing her death. 
The allegation was on the basis of a letter written by the 
F deceased wherein she had stated that she poisoned her 
two children and consumed poison herself because her 
husband used to torture her for having sex in pervert 
t 
ways. Accused was tried u/s 306 IPC. Trial Court found 
him guilty and convicted him. Conviction was upheld by 
G High Court. Hence the present appeal. 
Allowing the appeal, the Court 
HELD: 1.1 In the facts of the instant case, it is clear 
that the accused has been described as a sexual pervert 
H 
1200 
SOHAN RAJ SHARMA v. STATE OF HARYANA 
1201 
and that he had behaved like an animal and the deceased A 
had tolerated the insulting manner in which he behaved. 
They were married in court. It was stated that the accused 
was impotent and he was trying to defame the deceased 
for having relationship with ladies. On the facts of the case, 
it cannot be said that the ingredients of Section 306 IPC 
B 
have been established. Therefore, the conviction as 
recorded cannot be maintained. [Paras 12 and 14] [1206-
B, C, F, G] 
1.2 The courts should be extremely careful in 
assessing the facts and circumstances of each case and C 
the evidence adduced in the trial for the purpose of finding 
whether the cruelty meted out to the victim had in fact 
induced her to end her life by committing suicide. If it 
transpires to the Court that a victim committing suicide 
was hypersensitive to ordinary petulance, discord and o 
differences in domestic life quite common to the society 
to which the victim.belonged and such petulance disc:;ord 
and differences were not expected to··tnduce ,;a.$imitarly 
circumstanced individual in a given society' to ~~ommit. -
suicide, the conscience of the Court should not be E 
satisfied for basing a finding that the accused charged of 
abetting the offence of suicide ,should be found guilfY. 
[Para 9] [1205-A, B, C, D] 
State of West Bengal v. Ori/al ~aiswal Al R 1994 SC 1418 
- relied on. 
· 
F 
1.3 In cases of alleged abetment of suicide there must 
be proof of direct or indirect acts of incitement to the 
commission of suicide. The mere fact that the husband 
treated the deceased-wife with cruelty is not enough. 
[Para 11] [1206-A] 
G 
Mahinder Singh v. State of MP 1995 AIR SCW 4570 -
referred to. 
2. Section 107 IPC defines abetment of a thing: The 
offence of abetment is a separate and distinct offence H 
1202 
SUPREME COURT REPORTS 
[2008] 5 S.C.R. 
A provided in the Act as an offence. A person, abets the 
doing of a thing when (1) he instigates any person to do 
that thing; or (2) engages with one or more other persons 
in any conspiracy for the doing of that thing; or (3) 
intentionally aids, by act or illegal omission, the doing of 
B that thing. These things are essential to complete 
abetment as a crime. The word "instigate" literally means 
to provoke, incite, urge on or bring about by persuasion 
to do any thing. The abetment may be by instigation, 
conspiracy or intentional aid, as provided in the three 
c clauses of Section 107. Section 109 provides that if the 
act abetted is committed in consequence of abetment and 
there is no provision for the punishment of such abetment, 
then the offender is to be punished with the punishment 
provided for the original offence. 'Abetted' in Section 109 
0 
means the specific offence abetted. Therefore, the offence 
for the abetment of which a person is charged with the 
abetment is normally linked with the proved offence. 
[Para 1 O] J1205-D, E, F, G] 
CR

Excerpt shown. Read the full judgment & AI analysis in Lexace.