Raj Kumar Singh @ Munna Singh, aged about 43 yrs. S/o Kapil Dev Singh v. 1. The State of Jharkhand 2. Sanjay Kumar Singh, S/o Hareram Singh, R/o Baluk
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Appellate Jurisdiction) Acquittal Appeal No. 30 of 2020 -------- Raj Kumar Singh @ Munna Singh, aged about 43 yrs. S/o Kapil Dev Singh, R/o G.T. Road, Magma, Kali Mandir, Brindabanpur, Kapsara, P.O. ….. Appellant & P.S. Mugma, Dist. Dhanbad Versus 1. The State of Jharkhand 2. Sanjay Kumar Singh, S/o Hareram Singh, R/o Baluk Sundha Colony, …... Respondents P.O.&P.S. Nirsa, Dist. Dhanbad. PRESENT HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA For the Appellant For the State ------- : Mr. Abhijeet Kumar Singh, Advocate : Mr. Ravi Prakash, Spl. PP -------
Decision
O R D E R 16th May 2023 Per, Shree Chandrashekhar,J. Raj Kumar Singh @ Munna Singh who is the informant of Nirsa PS Case No.60 of 2013 has challenged the judgment of acquittal passed in S.T No.571 of 2013. 2. By the aforesaid judgment, Sanjay Kumar Singh has been acquitted of the charge under section 306 of the Indian Penal Code. 3. The case of the prosecution is that Asha Devi who had lost her husband in a road accident was found dead hanging from the ceiling fan in her room. Therefore an information was given to the officer-in-charge of Nirsa PS on 27th February 2013 on the basis of which UD Case was registered in the police station. The informant who is the brother of Asha Devi has stated that few days after the death of his sister he found love letters written by Sanjay Kumar Singh, suicide note, divorce papers indicating finalization of divorce of Sanjay Kumar Singh with his wife and a mobile phone. 4. According to the informant, the messages sent through that mobile phone to the mobile phone numbers 9973289805 and 9386159549 which allegedly belong to Sanjay Kumar Singh contained the following message: "ममैं ततुमम्हाररे वजह सरे मर रहही हहूँ। अब लम्हाश कम्हा फम्हायदम्हा उठम्हानम्हा । मतुझरे दतुदुःख हहै कक ममैं घकटियम्हा नहीच आदमही करे कलए अपनम्हा पररवम्हार कको तकलहीफ दरेतही रहही।" 2 Acquittal Appeal No. 30 of 2020 English Translation “I am dying because of you. Now take advantage of my dead body. I am sorry that I have been troubling my family for the sake of a cheap wretched person.” 5. On the basis of the fardbeyan of the informant recorded by the officer-in-charge of Nirsa PS. on 2nd March 2013 a First Information Report was lodged against Sanjay Kumar Singh who has faced the trial on the charge under section 306 of the Indian Penal Code. 6. During the trial the prosecution has examined 8 witnesses and laid in evidence letters written by Sanjay Kumar Singh vide Ext.3 and suicide note of Asha Devi vide Ext.4. The photocopy of the divorce declaration paper of Sanjay Kumar Singh has been marked as Ext.X/1 for identification. 7. death. 8. This is not in dispute that Asha Devi has suffered suicidal The following ante-mortem external wounds have been found over the person of the deceased: “Ligature mark 3/4" to 1" wide over the front of neck over larynx running obliquely backward and upwards to left- mastoid on left side of neck and backwards transversely and there upwards on the right with gap of 4" on the back and impression of knot over left mastoid. The mark is dark brown, hard, leathery and parchment like with abrasion and ecchymosis on margins. No ligature pattern found. No other external wound found.” 9. The offence of abatement is defined under section 107 of the Indian Penal Code which lays that: 107. Abetment of a thing.—A person abets the doing of a thing, who — First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 10. The expression “abatement”, which has been defined under section 107 of the Indian Penal Code lays three modes of abatement viz. (i) instigation, (ii) engagement with one or more other person or persons in conspiracy for the doing of that thing, and (iii) intentional aids by any act or 3 Acquittal Appeal No. 30 of 2020 illegal omission of the doing of that thing. 11. To prove a charge under section 306 of the Indian Penal Code, the prosecution is required to lay evidence to establish that there was a live nexus between the act of the accused and commission of suicide by the deceased. 12. In “Ude Singh and Others v. State of Haryana” (2019) 17 SCC 301, the Hon'ble Supreme Court has held that there must be a proof of abetment of suicide direct or indirect of incitement to the commission of suicide. 13. under: In “Ude Singh” the Hon’ble Supreme Court has observed as “16. 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. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. 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 the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case. 16.1. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of the accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all 4 Acquittal Appeal No. 30 of 2020 the surrounding factors having bearing on the actions and psyche of the accused and the deceased. 16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set-ups, education, etc. Even the response to the ill action of eve teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self- confidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances.” 14. There is no evidence as to the circumstances under which Asha Devi has been found hanging from the ceiling fan in her room. The story narrated by the informant that he found love letters written by Sanjay Kumar Singh and suicide note of his sister requires sufficient evidence to establish the charge under section 306 of the Indian Penal Code. However, the contents of the letters written by the accused cannot be proved by the informant who has tendered evidence as PW6. Similarly, the contents of the suicide note which is the foundation for framing a charge under section 306 of the Indian Penal Code cannot be proved in absence of Asha Devi. 15. This is of fundamental importance in a criminal trial that the accused is afforded a reasonable opportunity to cross-examine a witness and elicit statement(s) from him/her so as to corroborate his defence. Since Asha Devi is dead, she cannot be produced for cross-examination and, therefore, the truthfulness of the contents of the suicide note cannot be established. The provisions under section 32 of the Evidence Act which provide that statement of a dead person is a relevant fact wherever the cause of death of the person is a fact in issue shall also not come to the aid of the prosecution because the statement of Asha Devi has not been recorded before she died. 16. There are certain judicially evolved parameters to test the legality of the judgment of acquittal rendered by the learned trial Judge. Before the Appellate Court decides to interfere with a judgment of acquittal, it is required in law to record a finding that there are compelling reasons arising out of over looking of some vital evidence on the record which warrants interference with the judgment of acquittal. 17. In “Bhadragiri Venkata Ravi v. High Court of A.P.” (2013) 14 5 Acquittal Appeal No. 30 of 2020 SCC 145 the Hon'ble Supreme Court has held as under: “25. This Court has time and again laid down parameters for interference by a superior court against the order of acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.” 18. Having regard to the aforesaid facts and circumstances in the case, we find no ground to interfere in this matter and, accordingly, Acquittal Appeal No.30 of 2020 is dismissed. (Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 16th May, 2023 R.K.-N.A.F.R