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Patna High Court

Afsar AlamversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction under Section 306 of the Indian Penal Code is set aside due to lack of evidence of the appellant's active participation or mens rea to abet the suicide.

Summary

The appellant, Afsar Alam, was convicted by the Additional District and Sessions Judge in Katihar for abetment of suicide under Section 306 of the Indian Penal Code, based on allegations that he demanded dowry and participated in the victim's death. The prosecution presented twelve witnesses, none of whom directly observed the appellant committing the alleged acts, and the post‑mortem report indicated death by hanging. The defence argued that there was no evidence of dowry demand, torture, or the appellant's active involvement, asserting that the victim committed suicide. The High Court examined the evidence and held that abetment under Section 306 requires a clear mens rea and an active role, which was absent in this case. Consequently, the court set aside the conviction, acquitted the appellant of all charges, and discharged him from bail obligations. The appeal was therefore allowed.

Issues considered

  • Whether the prosecution proved beyond reasonable doubt that the appellant actively abetted the victim's suicide under Section 306 IPC.
  • Whether evidence of dowry demand or harassment is necessary to sustain a conviction for abetment of suicide.
  • Whether the post‑mortem findings of hanging negate the charge of abetment of suicide.

Legislation cited

Subjects

  • abetment of suicide
  • Section 306 IPC
  • dowry death
  • evidentiary standard
  • acquittal
  • high court appeal

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (SJ) No.58 of 2016

      Arising Out of PS. Case No.-109 Year-2010 Thana- BARSOI District- Katihar
======================================================
Afsar Alam S/o - Sharful Resident of Village - Kandehla, P.S. Barsoi O.P.
Sudhani, District - Katihar.

                                                                  ... ... Appellant/s
                                      Versus

The State Of Bihar

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant       :        Mr. Firoz Ahmad, Advocate
For the State           :        Mr. A.M.P. Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                ORAL JUDGMENT

 Date : 24-06-2026

                Heard learned counsel for the appellant and learned

 A.P.P. for the State.

                2. This appeal has been filed challenging the

 judgment of conviction dated 30.11.2015 and order of sentence

 dated 05.12.2015 passed by the learned Additional District and

 Sessions Judge-II, Katihar in Sessions Trial No. 17 of 2011

 arising out of Barsoi (Sudhani O.P.) P.S. Case No. 109 of 2010

 whereby this appellant has been convicted under Section 306 of

 the Indian Penal Code and has been sentenced to undergo

 rigorous imprisonment for 10 years and a fine of Rs. 5,000/- and
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         in case of default of payment of fine, to further undergo simple

         imprisonment for six months.

                         3. The prosecution case arises out of a fard-beyan

         concerning the dowry death of the informant’s daughter, namely

         Khusnuma Khatoon. It is alleged that on 09.08.2010 at about

         7:30 AM, this appellant, who happens to be son-in-law of the

         informant, demanded one bhar of gold as dowry. Although the

         informant had previously agreed during marriage to provide the

         gold, he could not fulfill the demand at the time and promised to

         do so in the near future. Consequently, the victim was subjected

         to continuous harassment. Thereafter, all the F.I.R. named

         accused persons, including this appellant, forming an unlawful

         assembly, brutally assaulted the victim with lathis and dandas

         and subsequently, hanged her. The assault rendered the victim

         unconscious and she was immediately rushed to hospitals in

         Barsoi and Katihar for medical treatment. Thereafter, she was

         brought back to home where she succumbed to her injuries.

                          4. In this case, the alleged occurrence took place on

         10.08.2010 and F.I.R. was lodged on 11.08.2010. Thereafter,

         charge-sheet was submitted on 14.11.2010 under Sections 304B

         and 34 of the Indian Penal Code and Sections 3 and 4 of the
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         Dowry Prohibition Act. Cognizance was taken on 27.11.2010

         under Sections 304B and 34 of the Indian Penal Code and

         Sections 3 and 4 of the Dowry Prohibition Act against eight

         accused persons, including this appellant. Subsequently, the case

         was committed for trial on 21.12.2010 under Sections 304B and

         34 of the Indian Penal Code and Sections 3 and 4 of the Dowry

         Prohibition Act and charges were framed on 09.02.2011 under

         Sections 304B and 34 of the Indian Penal Code. In this case two

         separate trials were commenced and since there was no material

         to show that it was a case of dowry death, appellant and other

         accused persons were acquitted of the charges framed, however,

         this appellant was convicted under Section 306 of the Indian

         Penal Code for abetment of the suicide.

                          5. In order to bring home guilt of the accused

         persons, the prosecution has examined twelve witnesses. P.W. 1,

         namely Asma Khatoon, is sister of the deceased and she did not

         say anything about demand of dowry or torture with the

         deceased. P.W. 2, namely Nashir Alam, in his cross-examination

         admitted about having no knowledge of the occurrence. P.W. 3,

         namely Md. Iliyash, also stated that he had no knowledge about

         the occurrence. P.W. 4, namely Sasdhar Rai and P.W. 5, namely
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         Rohin Rai, are witnesses to the inquest report. P.W. 6, namely

         Rukhsana Khatoon, is mother of the deceased and has been

         declared hostile. P.W. 7, namely Khurshid Alam, is father of the

         deceased and informant of the present case who stated that his

         daughter died in her matrimonial house and deposed about

         demand of gold ornaments and harassment with the victim,

         however, in his cross-examination, he admitted that he has not

         seen as to how the deceased died. P.W. 8, namely Dr. A.K. Dev,

         is the doctor who conducted the post mortem of the deceased

         and opined that death was due to Asphyxia resulting from

         hanging. P.W. 9, namely Nuruddin, is a hearsay witness and had

         no direct knowledge of the incident. P.W. 10, namely Shekhar

         Singh, is a formal witness. P.W. 11, namely Rajeswar Prasad, is

         the Investigating Officer who investigated the case and

         submitted the charge-sheet. P.W. 12, namely Shiv Saran Sah,

         proved the fard beyan and inquest report and confirmed that the

         dead body was found in the house of this appellant. The

         prosecution also exhibited the following documents:-

                   Exhibit 1           Post Mortem report
                   Exhibit 2           F.I.R.
                   Exhibit 3           Charge-sheet
                   Exhibit 4           Fard beyan of informant
                   Exhibit 5           Inquest report
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                          6. On the other hand, the defence has produced two

         witnesses, i.e., D.W. 1, namely Md. Nashim and D.W. 2, namely

         Md. Yusuf. The defence exhibited the following documents:-

                   Exhibit A        S. T. No. 317 of 2011
                   Exhibit B        Deposition of Khurshid Alam

                                    (informant) in G.R. No. 1731 of 2010



                          7. After hearing the parties, the learned trial court

         convicted the appellant and sentenced him as indicated in the

         opening paragraph of this order.

                          8. Learned counsel appearing for the appellant

         assails the order of conviction and sentence on multiple

         grounds. He contends that in this case, there is no evidence with

         regard to demand of dowry or torture right before death of the

         deceased. None of the witnesses have seen this appellant

         committing the offence. As a matter of fact, the deceased herself

         committed suicide. The said fact is also supported by the post

         mortem report and the deposition of the doctor (P.W. 8), who

         admitted that the deceased lost her life on account of Asphyxia

         due to hanging. Moreover, there is no evidence on record to

         show that this appellant played any active role in instigating the

         deceased to commit suicide and as such, he cannot be convicted

         under Section 306 of the Indian Penal Code. Thus, it is a case of
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         no evidence and prosecution has failed to prove the case beyond

         reasonable doubt and hence, the appellant is fit to be acquitted.

                          9. Per contra, learned Additional Public Prosecutor

         for the State submits that the evidence on record unmistakably

         points to the guilt of the appellant. The prosecution could prove

         that it was this appellant who committed the occurrence.

         Therefore, the learned Trial Court was fully justified in

         convicting the appellant under Section 306 of the Indian Penal

         Code.

                          10. From going through the evidence and perusal of

         the records, it appears that in this case, none of the prosecution

         witnesses are eye-witness to the occurrence. The prosecution

         has not brought on record any proof with regard to the torture or

         demand of dowry prior to death of the deceased and as such, the

         learned trial court has rightly acquitted the appellant from the

         charges under Section 304B of the Indian Penal Code and

         Section 4 of the Dowry Prohibition Act.

                          11. It is settled law that abetment involves a mental

         process of instigating a person or intentionally aiding a persons

         in doing a thing. In order to convict a person under Section 306

         of the Indian Penal Code, there has to be a clear mens rea to
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         commit the offence. In order to bring a case within the purview

         of Section 306 of the Indian Penal Code, there must be a case of

         suicide and in the commission of the said offence, the person

         who is said to have abetted the commission of suicide must have

         played an active role by an act of instigation or by doing certain

         act to facilitate the commission of suicide.

                          12. Having gone through the rival submissions,

         materials available on record and deposition of the twelve

         prosecution witnesses, I have no hesitation in holding that in

         this case, there is no material on record to show that this

         appellant played any active role or instigated the deceased to

         commit suicide. None of the witnesses have deposed anything

         or brought any material in support of the same. Thus, there is no

         material to sustain the conviction of the appellant under Section

         306 of the Indian Penal Code.

                          13. In that view of the matter, the impugned

         judgment of conviction dated 30.11.2015 and order of sentence

         dated 05.12.2015 passed by the learned Additional District and

         Sessions Judge-II, Katihar in Sessions Trial No. 17 of 2011

         arising out of Barsoi (Sudhani O.P.) P.S. Case No. 109 of 2010

         are hereby set aside with respect to this appellant, above named.
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                                       14. Appellant, above named, is acquitted of all the

                      charges and is discharged from the liability of the bail bond in

                      connection with this case.

                                      15. Accordingly, this appeal stands allowed.

                                      16. Interlocutory applications, if any, shall also

                      stand disposed of.




                                              (Prabhat Kumar Singh, J)
shashank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.06.2026
Transmission Date       30.06.2026


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