If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society, then the accused has the right to acquitted. This was held in the judgment passed by a single judge bench comprising of HON’BLE MRS. JUSTICE SINDHU SHARMA, in the matter State of J&K V. Ram Parkash & ors. [CRAA No. 10/2006], dealt with an issue where the petitioner filed a petition challenging the judgment of acquittal passed by the Sessions Judge, Rajouri in case titled State Vs. Ram Parkash & ors. under Sections 498-A/306 RPC.
The prosecution case against the accused persons is that Mst. Anita Devi was married to accused-Raj Pal, in the year 1988, they have two children but since she suspected that her husband-A2 had illicit relation with Champa Devi-A4, wife of Ram Parkash (A1), therefore, she was slighted from time to time and was also subjected to ill-treatment and beating. She committed suicide by jumping in the well.
After recovering of her dead body, police registered a case under Section 498-A RPC but after receipt of the post-mortem report, added the charge under Section 306 RPC so all the accused were charged under Sections 306 & 498-A RPC. The Trial Court framed charges under Section 306 & 498-A RPC. Even though none of the ingredients to make out the charge of 498- A RPC have been mentioned.
The question is whether there was any abetment or inducement to the deceased, which drove her to commit suicide, that too, after giving birth to two children and after eight years of married life. But the question is whether the suspicion about her husband’s extra-marital relation was the result of mental sickness and if so, does it mean, she had committed suicide because she was suffering from depression.
The Court on the aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under section 306 IPC merely on the basis of the aforementioned allegation of harassment of the deceased is unsustainable in law.
After hearing both sides, the Hon’ble High Court of Jammu and Kashmir dismissed the petition and held that it is a clear case that the deceased was suffering from depression getting fit periodically as she was suffering from a psychotic problem due to which she committed suicide as revealed in the medical evidence. There is no ground for interference in the judgment of acquittal passed by the Trial Court.
Judgement reviewed by – Vaishnavi Raman
