Appeal Partly Allowed: Discharge from Abetment of Suicide, Charge of Cruelty Upheld.
In this criminal appeal of Jayedeepsinh Pravinsinh Chavda & Others v/s State of Gujarat, the appellants challenged the Gujarat High Court's order, which rejected their request to be discharged from charges under Sections 306, 498A, and 114 of the IPC, related to the suicide of the deceased woman. The appeal stems from an FIR filed by the deceased’s father alleging physical and mental harassment by the appellants, including selling the deceased's gold ornaments (streedhan), which led to her suicide.
Key Points:
The deceased, married to appellant 1 in 2009, had suffered harassment related to the non-birth of a child, which caused a return to her parental home. Later, when a son was born, issues regarding her streedhan arose, culminating in her suicide.
High Court.
The appellants argued that the allegations were vague and did not establish a clear case for charges under Sections 306 (abetment of suicide) or 498A (cruelty). They contended that no specific act of cruelty or harassment led to the suicide.
The High Court upheld the charge framing, determining that the allegations, particularly concerning the selling of streedhan, were sufficient to sustain a charge under Section 498A.
Court's Analysis:
The Court considered whether a prima facie case was made out for the charges under Sections 306 (suicide abetment) and 498A (cruelty).
The Court upheld the charge under Section 498A, noting that the deceased had been subjected to physical and mental harassment, including the selling of her ornaments and refusal to return them, which constituted cruelty.
Regarding Section 306, the Court found no direct evidence of the appellants’ actions that could be construed as instigating the suicide. It emphasized that mere harassment is not enough to prove abetment under Section 306; a clear link between the accused’s actions and the victim’s decision to end her life was required. Since the alleged harassment occurred months prior to the suicide, there was no proximate cause established.
Conclusion:
The appeal was partly allowed. The appellants were discharged from the charge under Section 306 (abetment of suicide) as there was no sufficient evidence to establish a clear intent or act of instigation.
However, the charge under Section 498A (cruelty) was upheld, and the appellants will face trial for this offence.
Section 114., Indian Penal Code - 1860
Section 306., Indian Penal Code - 1860
Section 498A., Indian Penal Code - 1860