1 - Vinod Kumar Bhardwaj S/o Hetram Bhardwaj Aged About 28 Years R/o v. 1 - State Of Chhattisgarh Through - District Magistrate, Raigarh, District - Raigarh Chhattisgarh
Case Details
SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.06.17 10:50:38 +0530 1 CRA No. 516 of 2016 2025:CGHC:23896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 516 of 2016 1 - Vinod Kumar Bhardwaj S/o Hetram Bhardwaj Aged About 28 Years R/o - Chhote Dumarpali, P.S. - Kharsiya, Distt. - Raigarh Chhattisgarh , Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through - District Magistrate, Raigarh, District - Raigarh Chhattisgarh , Chhattisgarh (Cause-title taken from the Case Information System) Respondent(s) For Appellant(s)
Legal Reasoning
particularly since, prima facie, the ingredients of Section 306 IPC are not fulfilled. 16. Section 306 of the IPC has two basic ingredients-first, an act of suicide by one person and second, the abetment to the said act by another person(s). In order to sustain a charge under Section 306 of the IPC, it must necessarily be proved that the accused person has contributed to the suicide by the deceased by some direct or indirect act. To prove such contribution or involvement, one of the three conditions outlined in Section 107 of the IPC has to be satisfied. 17. Section 306 read with Section 107 of IPC, has been interpreted, time and again, and its principles are well-established. To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide. 6 CRA No. 516 of 2016 18. The law on abetment has been crystallized by a plethora of decisions of the Supreme Court. Abetment involves a mental process of instigating or intentionally aiding another person to do a particular thing. To bring a charge under Section 306 of the IPC, the act of abetment would require the positive act of instigating or intentionally aiding another person to commit suicide. Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under the aforesaid Section cannot be sustained. Abetment also requires an active act, direct or indirect, on the part of the accused person which left the deceased with no other option but to commit suicide. 19. The Supreme Court in the matter of Ramesh Kumar v State of Chhattisgarh reported in (2001) 9 SCC 618 held thus at para 20 : 20) Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. 20. The aforesaid law has again reitereated by the Supreme Court recently in the matter of Prakash v State of Maharashtra reported in AIR OnLine 2024 SC 912. 7 CRA No. 516 of 2016 21. From the aforesaid facts, it is quite vivid that the deceased committed suicide in the house of the accused by hanging herself. However, considering material available on record and upon bare perusal of the evidence adduced by the family members of the deceased, it is apparent that there is no allegation of treating the deceased with cruelty by assaulting or by demanding dowry and his ill habits may be the reason for committing suicide but may not ultimately amount to abetment. From the record, it is also evident that the appellant used to sell household articles, ornaments and cash given by his in-laws for construction of house. He had also mortgaged two-wheeler, which was later on redeemed by the brother of the deceased. 22. Keeping in view all the facts and circumstances of the case, in the opinion of this Court, ends of justice would be met if this Court orders that the substantive sentence which the appellant has already undergone is held sufficient. The incident occurred on 05/08/2011. The appellant arrested on 15/09/2011 thereafter, he has been released on bail on 21/12/2011. Thereafter after passing the impugned judgment, on 29/02/2016, the appellant has again been arrested. Subsequently, this Court by order dated 18/09/2019 suspended the sentence and released the appellant on bail. Thus, it is evident that he has completed more than three and half years of jail sentence. 23.
Arguments
: Mr. Amit Sharma, Advocate For Respondent(s) : Mr. R.C.S. Deo, PL Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board 13/06/2025 1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated 29/09/2016 passed in Special Trial No. 168/2011 by the learned Fifth Additional Session Judge, District Raigarh, (C.G.), whereby the 2 CRA No. 516 of 2016 appellant has been convicted and sentenced as under:- Conviction Sentence U/s 306 of the IPC Rigorous Imprisonment for 06 years with fine of Rs. 500/-, with default stipulation. U/s 498A of the IPC Simple Imprisonment for 01 year with fine of Rs. 500/-, with default stipulation. Both the sentences were directed to run concurrently. 2. Case of the prosecution in brief is that the accused used to torture his wife Lata Bhardwaj physically and mentally by demanding a motorcycle and fifty thousand rupees in dowry. Fed up with this, Lata committed suicide by hanging herself and the information of which was given to Kharsia Police Station. On the basis of which, Kharsia Police Station registered a First Information Report against the accused and took the case into investigation and after investigation, a charge sheet was presented against accused Vinod Bhardwaj for the crime under Section 304-B of IPC before the competent Court. 3. During investigation, Spot Map (Ex.P/4) was prepared. The statement of the witnesses was recorded. Subsequently, after completing the investigation, a charge-sheet was submitted before the Court. 4. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial. 3 CRA No. 516 of 2016 5. In order to bring home the offence, the prosecution has examined 11 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter. 6. The trial Court after appreciating oral and documentary evidence available on record, by its judgment convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal. 7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He would submit that in the evidence of the witnesses, it can be seen that there are material contradiction and omissions. Learned counsel would submit that even if the entire case of the prosecution is taken as it is, no offence is made out against the appellant. He would submit that there is no direct allegation of demand of dowry against the present appellant. Thus the appeal may be allowed. 8. Learned Panel Lawyer appearing for the State opposes the submissions made by the counsel for the appellant and submits that the conviction of the appellant is well merited which does not call for any interference, therefore, the present appeal deserves to be dismissed. 9. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 4 CRA No. 516 of 2016 10. It is an admitted fact that the marriage of the appellant and the deceased solemnized in the year 2004 and the deceased committed suicide on 05/08/2011 in the house of the appellant in an unnatural situation. 11. PW/1 – Sher Singh Lahre, brother of the deceased stated that the appellant is an irresponsible person and used to demand money from them from time to time for different reasons. In cross examination this witness stated that in respect of demand of dowry made by the appellant they have never made any report. Even the said fact has not been narrated to the society members. He on his own stated that he does not know the appellant committed murder of his sister. According to this witness, the motorcycle has been purchased by the accused himself and he demanded money for releasing the said motorcycle from mortgage. 12. PW/2- Shamsher Kumar Lahre is another brother of the deceased stated that prior to the previous date of incident, the appellant assaulted the deceased. However, he stated that the motorcycle has been purchased by the appellant himself. 13. PW/10- Gurwari is the sister-in-law of the deceased. In cross examination, she categorically stated that the appellant never ill treated the deceased in front of her. She gave the evidence in her examination in chief on the basis of hearsay. 14. From the medical evidence adduced by Dr. V. S. Rathia (PW/8), who conducted the postmortem on the body of the deceased and submitted the postmortem report vide Ex.P/13, it is evident that the cause of death 5 CRA No. 516 of 2016 of the deceased was Asphyxia and also found ligation with rope, which is due to hanging. According to this witness the nature of death was suicidal. 15. It is the trite law that merely because the deceased was not happy about her situation, it would not be enough to convict the appellant,
Decision
For the foregoing reasons, the appeal is allowed in part by holding that the sentence already undergone by the appellant is sufficient and 8 CRA No. 516 of 2016 adequate in the facts and circumstances of the case. However, the fine amount imposed by the learned trial Court shall remain unaltered. 24. The appellant is reported to be on bail. His bail bonds are not discharged at this stage and the bonds shall remain operative for a period of six months in view of Section 481 of the BNSS. 25. The trial court record along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. 26. Ordered accordingly. Sd/- Sd/- (Bibhu Datta Guru) Judge $ Bhilwar /`Gowri