UDE SINGH & ORS. versus STATE OF HARYANA

Citation: [2019] 9 S.C.R. 703 · Decided: 25-07-2019 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Disposed off

Cited by 13 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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UDE SINGH & ORS.
v.
STATE OF HARYANA
(Criminal Appeal No. 233 of 2010)
JULY  25,  2019
[ABHAY MANOHAR SAPRE AND
DINESH MAHESHWARI, JJ.]
Penal Code, 1860: s.306 r/w s.34 – Abetment to suicide –
Prosecution case was that parties were closely related to each other
and living in same village and in neighbourhood – Relations between
them were strained and they were engaged in several litigations
including complaint relating to hurt case as lodged by PW-11, mother
of the deceased – Allegation against the accused was that they
abetted commission of suicide by the daughter of the complainant
(PW-1) – Deceased girl was about 18 years of age – Accused Nos.
1 and 2 were uncles in her relation whereas, accused Nos. 3 and 4
were her cousins – The deceased girl had been complaining to her
family about the indecent behaviour of the accused that they
addressed her as “wife”, “chachi” (aunt) or “Bohoria” (younger
brother’s wife) – The girl was always advised by her family to keep
quiet – On the fateful day, she was found dead, hanging by her
neck – On previous day, the deceased girl had complained to her
mother and uncle about the indecent taunts made by accused and
while crying told them that she would end her life as and when she
would get opportunity to do so – Trial court found appellant-accused
guilty of offence punishable under s.306 r/w s.34 and awarded
four years RI – High Court upheld conviction but modified sentence
to two and a half years RI – On appeal, held: In the given set up
and respective position of the parties, if accused No.1 continuously
addressed or called the deceased girl as his “wife”, the utterance
was not merely of teasing but of demeaning and destroying the self-
esteem of the young girl whose engagement had broken and whose
uncle was mocking her to join him in matrimony – It was the act of
humiliation of highest order for the girl, who had personally suffered
the set-back of broken engagement – The other accused persons
   [2019] 9 S.C.R. 703
703
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
chose to join the accused No. 1 and aggravated the humiliation of
the girl by addressing her as younger brother’s wife or aunt –
Accused persons were working with the common intention to harass
and humiliate the girl with reference to her broken engagement –
Such taunting and humiliation of the deceased at the hands of the
accused persons was not a singular event or one-off affair but had
been a continuous feature, as amply established by the prosecution
witnesses – There was no reason to disbelieve the statement of PW-
11 that her daughter wept the whole night after the said incident
and on being frustrated and exasperated with such humiliations,
ended her life in the early morning very next day – It is not a case
of a mere eve-teasing, insult or intimidation but the continuous and
repeated acts and utterances of the accused persons were calculated
to destroy her self-esteem aimed at taking her to the brink of
helplessness and to the vanishing point of tolerance – Accused Nos.
1 and 3 were rightly held guilty of offence of abetment of suicide –
Interference with the order of High Court not called for.
Penal Code, 1860: s.306 r/w s.34 – Claim of juvenility by
appellant no.2 – As per matriculation certificate, on the date of
incident, appellant no.2 was 16 years old – He is entitled to benefit
of juvenility.
Words and phrases: Word ‘abetment’ – Meaning of in the
context of s.107 IPC.
Disposing of the appeal, the Court
HELD : 1.1 “Abetment” involves a mental process of
instigating a person in doing something. A person abets the doing
of a thing when: (i) he instigates any person to do that thing; or
(ii) he engages with one or more persons in any conspiracy for
the doing of that thing; or (iii) he intentionally aids, by acts or
illegal omission, the doing of that thing. These are essential to
complete the abetment as a crime. The word “instigate” literally
means to provoke, incite, urge on or bring about by persuasion
to do anything.  In cases of alleged abetment of suicide, there
must be a proof of direct or indirect act/s of incitement to the
commission of suicide.  In the case of accusation for abetment of
suicide, the Court would be looking for cogent and convincing
proof of the act/s of incitement to the commission of suicide. In
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the case of suicide, mere allegation of harassment of the deceased
by another person would not suffice unless there be such action
on th

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