Holding

The conviction under Section 306 IPC is unsustainable and set aside, while the conviction under Section 498-A IPC is upheld.

Summary

The appellant, Ramesh Kumar, was convicted under Sections 306 and 498-A of the IPC for the suicide of his wife Seema within a year of marriage. The trial court relied on testimonies, a suicide note, a diary, and an undated letter, interpreting the husband's statements as instigation and alleging dowry demands. On appeal, the Supreme Court examined whether the prosecution had proved abetment of suicide, the applicability of the presumption under Section 113-A of the Evidence Act, and whether a statement made in anger could constitute instigation. The Court held that there was no direct evidence of abetment, the presumption under Section 113-A was not mandatory and could not be raised, and the husband's words did not amount to instigation. While the Court affirmed the conviction under Section 498-A for cruelty, it set aside the conviction under Section 306, finding the two offences independent. Consequently, the appeal was partly allowed, overturning the suicide‑abetment conviction but upholding the cruelty conviction.

Issues considered

Whether the appellant abetted the suicide of his wife within the meaning of Section 306 IPC.
Whether the presumption of abetment under Section 113-A of the Evidence Act applies in the present facts.
Whether a statement made in a fit of anger, without intent to cause suicide, constitutes instigation under Section 107 IPC.
Whether conviction under Section 498-A for cruelty can be sustained in the absence of a dowry demand.
Whether conviction under Section 498-A automatically entails conviction under Section 306 on the same evidence.

Legislation cited

Criminal Law (Second Amendment) Act, 1983
Indian Evidence Act, 1872s. 113-A, s. 4
Indian Penal Code, 1860s. 107, s. 306, s. 498-A

Subjects

abetment of suicideSection 306 IPCSection 498-A IPCcrueltydowry deathpresumption under Section 113-Adying declarationinstigationmarital cruelty

Judgment

RAMESH KUMAR A
v.
ST ATE OF CHHATTISGARH

OCTOBER 17, 2001

[DR. A.S. ANAND, C.J. R.C. LAHOTI AND K.G. BALAKRISHNAN, JJ.] B

Penal Code 1860 :

Sections 107 and 306-Abetment-Meaning of-Instigation-A word
uttered in a fit of anger or emotion without intending the consequences to
actually follow cannot be said to be instigation-A reasonable certainity to
c
incite the consequence must be capable of being ~pelt out-In absence of
evidence adduced of the accused having abetted the deceased to commit
suicide-Hence, conviction under Section 306 set aside.

Sections 498-A and 306 : Distinction between-Merely because an ac- D
cused held liable to be punished under Section 498-A it does not.follow that on
the same eviden.ce he must also and necessarily be held guilty of having abetted
commission of suicide-Since cruelty is proved, conviction under Section 498-
A maintained.

Evidence Act, I 872 : E
Section I13-A-Suicide by a married woman-Presumption as to abet-
ment-Presumption is not mandatory but permissive as expression "may pre-
sume" suggests-Court to have regard to the other circumstances-Cause and
effect relationship between cruelty and suicide must be established to raise
presumption. · .F

Dying declaration-Principle that truth sits on the lips of dying per-
sons-Held, such principle shall also be applicable when such declaration
exonerates the accused unless material on record shows that deceased was
trying to conceal truth or persuaded to do so.
G
One 'S' was married to the accused-appellant and within one year of
marriage, she committed suicide. She had left a suicide note and a letter to
her husband in a diary. Her dying declaration was recorded by Tehsildar
and Executive Magistrate. The families of father of deceased, her elder
sister and accused-appellant were all residents of different localities in H
247
248. SUPREME COURT REPORTS [2001) SUPP. 4 S.C.R.
A Raipur and were on visiting terms.

The finding of guilt as recorded by the Trial Court rests on the
testimony of five witnesses, namely, parents, brother, sister and sister's
husband of the deceased as also documentary evidence including an un-
dated letter written by deceased to her father. The appellant was convicted
B and sentenced for offences under Sections 306 and 498-A IPC. It was
affirmed by the High Court. Hence this appeal.

Partly allowing the appeal, the Court

HELD : 1.1. A very material piece of evidence in this case is an
c undated letter written by the deceased to her father. The letter has to be
read as it is and inferences have to be drawn therefrom, based on expres-
simi employed therein and in the light of other evidence adduced. The
letter nowhere indicates any demand of dowry having been made by the
accused or deceased having been pressurised for bringing more dowry.
D [253-B; 254-B-C]

L2. The finding as' to' demand for dowry by the accused has b~en
arrived at by the Trial Court and the· High Court by placing reliance on
stray general allegations and by ignoring facts on record which demol-
ished the theory of any demand for dowry. The reading of the entire
E evidence shows that the present one is a case of marital mat-adjustment
between the deceased and the a~cused. This is also borne out from writing
in the form of essays written by the deceased acknowledging the love and
affection which the accused-appellant had for her and also that she did not
have a compromising attitude and, therefore, the accused-appellant got
annoyed over minor mistakes committed by her. (255-A-B-C-D]
F
1.3. In the light of oral evidence adduced and from an independent
evaluation of evidence, the present case is not a case of dowry death or the
deceased having been instigated into committing suicide for her failure to
satisfy the dowry demands of the accused appellant. However, ill-treating
G of the deceased for even her pardonable mistakes and turning her out of
the house and beating her did amount to cruelty. Therefore, conviction
under Section 498-A is maintained. [255-E-F]

·2.1. There is no direct evidence adduced of the accused-appellant
having abetted · deceased into committing suicide. The prosecution has
H relied on Section 113-A of the Evidence Act which talks of presumption as
RAMESH KUMAR v. STATE 249
to abetment of suicide by a married woman. However, before the presump- A
tion of abetment of suicide is raised, the fµundation thereof must exist. It
must be shown that the woman has committed suicide within 7 years of her
marriage and the husband or his relatives who are charged and subjected
her to cruelty. On existence of these circumstances Court may presume
that such suicide had been committed by her husband or relatives of her . B
husband. The presumption is not mandatory but it is ·only permissive,
before the presumption may be drawn. The Court shall have regard to all
the other circumstances of the case, used in Section 113-A which suggests
the need to reach a cause and effect relationship between cruelty and
suicide for the purpose of raising presumption. The presumption is not an
irrebuttable one. [256-D•E-F; 257-C-D] C
2.2. What happened on the day of occurrence is very material for the
.. purpose of ascertaining on the question of abetment. In the instant· case,
what transpired on the date ofincident is only known to the deceased and the
accused. The deceased's version of that day's happening constituting the
D
proximate cause provoking her to commit suicide is to be spelled out from
.... what is contained in a diary in the handwriting of the deceased and in the
dying declaration. The picture which emerges from a cumulative reading
and assessment of the material available is that the deceased felt disap-
pointed, frustrated and depressed presumably because of disinclination on
the part of the accused to drop the deceased at her sister's residence; that she E
was overcome by a forceful feeling generating within her that in the assess-
ment of her husband she did not deserve to be his life partner. The accused
may or must have told the deceased that she was free to go anywhere she
liked. May be that was in a fit of anger as contrary to his wish and immediate
convenience but the deceased was emphatic on being dropped at her sister's F
residence to see her. Unfortunately, the Trial Court misspelt out the meaning
of the expression attributed by the deceased to her husband as suggesting
that the accused had made her free to commit suicide. Making the deceased
free to go wherever she liked and to do whatever she wished, does not and
cannot mean even by stretching that the accused had made the deceased free
to commit suicide. Further a word uttered in a fit of anger or emotion with-
G
out intending the consequences to actually follow, cannot be said to be insti-
gation. [258-A; 259-H; 260-A-B-C-D]

State of West Bengal v. Orilal Jaiswal and Am:, (1994] 1 SCC 73, relied
on. H
250 SUPREME COURT REPORTS [2001) SUPP. 4 S.C.R.
A 2.3. Sections ·498-A and 306 IPC are independent and constitute
different offences. However, merely because an ac~used· has been held
liable under Section 498-A it does not follow that 'on the same evidence he
must necessarily be held guilty of having abetted the commission of suicide
by the woman concerned. (261-B-C]

B 2.4. On the principle underlying the admissibility of dying declaration
in evidence that truth sits on the lips of a dying person and ·the Court can
convict an accused on the basis of such declaration wherever it inspires full
confidence, there is no reason why such principle should not be applied when
such a dying declaration speaking of cause of death, exonerates the accused
C unless there is material available to form an opinion that the decease.d while
making such statement was trying to conceal the truth either having been
persuaded to do so or because of sentiments for her husband. In the instant
case, the dying declaration corroborates the inference flowing from writing
contained in the diary that she categorically declares none to be held respon-
sible for her committing suicide besides the conduct of the accused trying to
D put off the fire and taking the deceased to hospital also improbablises the
theory of his having abetted suicide. (261-D-E-F-G]

2.5. There is no evidence and material available on record wherefrom
an inference of the accused-appellant having abetted the commission of
E suicide by the deceased may necessarily be drawn. The totality of circum-
stances and especially the dying declaration and the suicide note left by the
deceased herself which fali for consideration within the expression "all the
other circumstances of the case" found in Section 113-A of Evidence Act,
do not permit the presumption being raised against the accused. There-
fore, the accused-appella.nt deserves to be acquitted of the charge under
F Section 306 IPC. (261-H; 262-A-B]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 617
-
of 2000.

From the Judgment and Order dated 18.1.2000 of the Madhya Pradesh
G High Court in Cr!. A. No. 3 of 1989.

S.K. Gambhir, Anil K. Sharma and T.N. Singh for the Appellant.

Prakash Srivastava for the Respondent.

H The Judgment of the Court was delivered by
RAMESH KUMAR v. STATE [LAHOTI, J.] 251
R.C. LAHOTI, J. This appeal by special leave is directed against con- A
viction of Ramesh Kumar, the accused-appellant, on charges under Sections
306 and 498-A IPC. He was sentenced to seven years' rigorous imprisonment
under Section 306 IPC and to two years' rigorous imprisonment under Section
498-A IPC, both the sentences having been directed to run concurrently. The
conviction along with sentences has been maintained by the High Court. His
B
father Shiv Kumar, mother Gargi Devi and brother Mahesh were also tried
for offences under Sectio~s 306 and 498-A iPC. The Trial Court found
them "not guilty" and "Innocent" and hence acquitted the three of them of
both the charges. Th~t acquittal has achieved a finality as not challenged by
any one.
c
Seema Devi, daughter of Sohan Lal Sharma (PW 16) and Smt. Prabhawati
Devi (PW19) was married with accused-appellant on 23.6.1985. On 17.6.1986,
within one year of marriage, Seema died of suicide. On 16.6.1986, she poured
kerosene on herself and set herself to fire. Before committing suicide she wrote
a suicide note and a letter to her husband in a diary (Article 'A') on pages 11
and 12 thereof. Her dying-declaration (Exbt. P/10) was recorded on 16.6.1986 D

... by PW13, Parmeshwar Dayal, Tehsildar and Executive Magistrate. Sohan Lal
Sharma is a resident of Raipur, Madhya Pradesh. The accused-appellant was
residing in Shantinagar locality of Raipur. Seema's elder sister Shalini (PW5)
married with Dr. Famadhar Sharma (PW6) is also residing in Raipur. Thus, the
three families, i.e., the family of father of Seema, the family of her elder sister E
Shalini and the family of the accused-appellant are all residents o( Raipur
though residing in different localities at reasonable distances from each other.
Nevertheless the three families were on visiting terms as admitted by almost
all the witnesses. The finding of guilt as recorded by the Trial Court and the
High Court rests on the testimony of five witnesses, namely, Atul Kumar
(PW4), brother of the deceased, Shalini and Dr. Ramadhar Sharma (PW5 and
F
PW6), respectively the sister and sister's husband of the deceased, Sohan Lal
Sharma and Prabhawati Devi (PW16 and PW19), parents of the deceased. In
addition, there is a very pertinent evidence - a document, Exbt. P/13 which is
an undated letter written by the deceas~d and managed by her to be sent to her
father. We will briefly discuss this evidence. G

According to Sohan Lal (PW16) marriage of Seema with the accused-
appellant was performed .in a cordial manner. Dowry, as the parents wished,
was given to Seema. Seema and Ramesh were quite often coming to meet with
them. However, Sohan Lal did make a general statement that at one point of
H
252 SUPREME COURT REPORTS· [2001] SUPP. 4 S.C.R.
.A time when he had gone to .see his daughter Seema in the house of the accused-
appellant, Seema had told him that the accused was complaining that the items
given in dowry were of inferior.quality. However, this statement is belied and
;cannot be accepted for two reasons. Firstly, such a material fact though in his
.knowledge was not disclosed by him to the police; on the contrary his statement
to the police was that Seema never told .him of anything about her in-laws'
B
house. Prabhawati Devi admits that the behaviour of the accused-appellant
towards her was good and he always treated her with respect and reciprocal
affection. She also admitted that her husband; i.e., Sohan Lal. PW16 never
complained about the behaviour of the accused-appellant towards him. She
very clearly stated that the accused-appellant had never asked her anything
c about dowry. If only Seema's father would have been told by Seema that the
accused-appellant had ever demanded do\vry from her or.was harassing her for
dowry then such fact in ordinary course of things would have b~en told by him
to his wife, i.e., the mother of Seema and would also have been disclosed by
him to the police.
D
Atul Kumar, PW4 is younger brother of late Seema. According to him,
he was told by his parents that the accused was teasing Seema. He visited
·Seema and her in-laws about 15 to 20 times but Seema never told him anything.
However, according to Atul Kumar, 'her face was tense and terrorized and she
had asked me to go back'. Immediately we may observe that Atul Kumar's
·E ·testimony suffers from exaggeration because both his parents, examined iri the
Court, do not depose that the accused had started teasing Seema soon after the
marriage. If Atul Kumar had seen Seema tense and terrorized; he must have
told this fact in the ordinary course of things to his parents. But the parents do
riot say so. During cross examination, Atul Kumar admitted that between him
F and accused Ramesh there were 'good relations'. He never asked Ramesh
whether and why the accused was teasing or harassing his sister. He could not
give any explanation why such a natural query he did not put across to Ramesh
inspite of there being good relations between the two. He further admitted that
accused Ramesh and Seema often used to visit him and his parents specially
on the festival days. During less than a year of marriage, Seema twice stayed
G with her parents for about four days each. When Shalini gave birth to a child,
Seema stayed at her parents house for two days and afterwards also kept on
coming· to her parents and visiting hospital where Shalini was a<lmitted. Atul
Kumar specifically stated - "Seema had good terms ·with her in-laws and
brothers-in-law". The testimony of Atul Kumar spells out that Seema' s move-
H ments were not restricted by the accused; she was liberally allowed to see her
RAMESH KUMAR v. STATE [LAHOTI, J.] 253
parents and other relations and she never complained of any dowry demands A
or any serious problem being faced by her from the accused or her in-laws. Atul
Kumar felt that Seema was 'tense and terrorised' is his own impression and
certainly no cause is discernible for such an impression from his testimony.

A very material piece of evidence is an undated letter, Exbt. P/13 which
from the evidence adduced appears to have been written by the deceased B
Seema at about 3 or 4 months before her death. Desh Bandhu Sathe (PW9) was
working as a Technical Officer in State Bank of India, Regional Office while
Sohan Lal was working in Branch Office of the same bank and therefore they
knew each other. Desh Bandhu Sathe (PW9) stated that at about 3 to 4 months.
before the death of Seema, his wife gave the letter, Exbt. P/13 to him stating c
that the letter was given to her by Seema with a request to have it delivered
to her father. Although the authenticity of this letter was vehemently disputed
by the defence alleging it to be fabricated, however, the Trial Court and the
High Court have on an evaluation of evidence believed the same. The finding
that the letter was written by deceased Seema is based on the testimony of
handwriting expert. There is no reason to disbelieve the statement of. Desh D
Bandhu Sathe that the letter was in existence about 3 to 4 months before,

- Seema' s death. What is material are the contents of the letter. The letter
(English translation, as filed) is reproduced as under :-

"Respected Babu Ji,
E
Sadar Parnam,

Babuji, I am writing this letter in very helplesshess (constraint)'
and this should not be known to any one that I have written this letter.
If my Bangles (chudi) and Mangalsutra-payal etc. ornaments all have
F
been repaired or get them repaired in any way and you yourself come
bringing them immediately today or tomorrow by remembrance. Do
not sent Atul and Sudhir and no body should come to meet me. You
understand this much only that· Seema is not existing. Yesterday
Shalini had come then we people were not in the house. Why I do not
remember that thing, saying so I was pushed and turned out from the G
house. I alone had come out to come to Brahmanpara. He himself came
behind me. and we both. had gone. upto house. Then he conciliated
. (persuaded) and bril)g me to home back and after coming in the house
he started marpit (beating) with me from 9 O'clock in the night which
continued till 21/z O'clock in the night. Then he again started marpit H
254 SUPREME COURT REPORTS [2001] SUPP. 4 S.C.R.
A (beating) in the morning and his mind is still bad. You send the
ornaments immediately and now you yourself come and do no.t tell the
thing of letter and marpit. Tell Atul and Sudhir not to come at all. I will
not come in Holi. But yciu come to take me and take sofa and give
another. Enough.

B Seema."

The author of the abovesaid letter is not alive. There is no one else in
whose presence the letter was· written. We cannot therefore read anything in
the letter which it is not.there. 'The letter has to be read as· it is and inferences
have to be drawn therefrom based on the expressions employed therein and in
c the light.of other evidence adduced in the case. ·
1

The letter nowhere indicates any demand of dowry having been made
by the accused or the deceased having been pressurizeq by the accused for
bri9ging more dowry. The first thing the lettyr ~tates is a i~equest to her fattier
D to return ·some of her orn~en_ts. Sohan La~ (PW16) has himself admitted that
his. daughter had given some of her ornaments to him for the purpose of being
repaired. There is nothing :wro9¥, unusual or abi;iormal in Seema reminding her
father to bring back the ornaments "if they have been repaired" or "to get them
repaired" if not already dony. The second thing ~hich the letter suggests is of
her having been beaten by her husband and her having been pushed out of the
E house by the accused and when she wanted to go away from the house then
she having been persuaded by her husband to return to house. The accused had
also tried to conciliate. Further on Seema's return the accused gave her a
beatiJ]g. Why this happened is slightly indi9atyd iri the letter and narrated by
Shalini (PW5) and her husband (PW6). Seell).a had invited her sister and sister's
F husband for taking food ~ith them in her house but after extending invitation
she forgot aboµt it and went ..mt of the ho.use with her husband. Her sister and
sister's husband came to .her house but there was no one and therefore they went
back. This enraged the accused and he chastistid his wife Seema for her
fo~getfulness which ir, his opinion was an act devoid ofetiquettes:and courtesy
- extending an invitation to relatives and then forgetting about it and being
G n_ot available to rece.ive and entertain the:m .. Yet another fact disclosed by
Shalini and Ramadhar is that Seema had told them that the accused was
suspicious of Seema having had.undue intimacy with co-eds while studying in
college and her continuing ,undue intin;iacy with old-time friends, which was
not to the ,liking of
the accused. These were th~ real causes for difference
H between Seema and the accµsed. If.~ppears
'•; ..,
that on Seema having committed
RAMESH KUMAR v. STATE [LAHOTI, J.] 255
suicide there was an attempt to give it a twist of dowry death and for that . A
purpose some plea as to dema..1d for dowry was introduced. The finding as to
demand for dowry by accust. i has been arrived at by the Trial Court and the
High Court by placing reliance on stray general allegations occurring here or
there in evidence and by ignoring such facts as were brought on record through
cross-examination of the prosecution witnesses which demolished the theory
B
of there being any demand for dowry by the accused-appellant. The reading
of the entire evidence shows that the present one is a case of marital mal-
adjustment between the deceased and the accused. The accused is a Professor.
The deceased did not come up to the expectations of the accused. She was
forgetful and the manner in which she dealt with the visitors, guests and
relations was not to the liking of the accused-appellant. This is also borne out C
from a few writings such as Exbts. D/4 and D/5 which are in the form of essays
written by the deceased which are full of appreciation of the respondent
acknowledging the love and affection which the accused-appellant had for her
but which also go to state that there was 'some deficiency' in her, she did not
have a compromising temperament and therefore accused used to get annoyed D
and get angry on minor mistakes committed by the deceased. In such writings,
written at different times, she has recalled the sweet memories of her marriage
with the appellant, several ceremonies and functions related with the marriage
which made her feel joyous and how well she was received by the accused-
appellant and his relations in the matrimonial home after the marriage.
E
From an independent evaluation of evidence and having gone through
oral evidence adduced and the several documents available on record, mostly
the writings of the deceased we are satisfied that the present one is not a case
of dowry death or the deceased having been instigated into committing suicide
for her failure to satisfy the dowry demands of the accused-appellant. However,
F
teasing by the accused-appellant of the deceased, ill-treating her for her mis-
takes which could have been pardonable and turning her out of the house, also
once beating her inside the house at the odd hours of night did amount to
cruelty within the meaning of Section 498-A of IPC and therefore we agree
with the Trial Court as also with the High Court though to some extent at
variance with the cause for cruel treatment that the accused-appellant subjected
G
deceased Seema to cruelty and therefore conviction of the accused-appellant
under Section 498-A deserves to be maintained.

So far as the offence under Section 306 of IPC is concerned, in our
opinion, the Trial Court and the High Court have committed gross error of law H
256 SUPREME COURT REPORTS [2001] SUPP. 4 S.C.R.
A in holding the accused~appellant guilty and therefore conviction under Section
306 IPC deserves to be quashed and set aside.

Section 306 IPC provides that if any person commits suicide, whoever
abets .the commission of such suicide, shall be liable to be punished. The
ingredients of abetment are set out in Section 107 of IPC which reads as under:
B
1
' 107. Abetment ofa thing - A person abets the doing of a thing, who-

First.- Instigate any person to do that thing; or

c Secpndly.- Engages with one or more other person or persons in any
conspiracy for the doing of that thing, if an act or illegal
omissi.on takes place in pursuance of that conspiracy, and
in order to the doing of that thing; or

Thirdly.- Intention~lly aids, by any act or illegal omissi9n, the doing
D of that thing."

There is no direct evidence adduced of the accused-appellant having
abetted Seema into committing suicide. The prosecution has relied on Section ,.
113-A of Evidence Act which reads as under :-
E
JJ3A. Presumption as to abetment ofsuicide by a married woman.-
When the question is whether the commission of suicide by a woman
had been abetted by her or any relative of her husband and it is shown
that she had committed suicide within a period of seven years from the
date of her marriage and that her husband or such relati,ve of her
F husband had subjected her to cruelty, the court may presume, having
r~gard to all the other circumstances Of the case, that such suicide had
been abetted by her husband 01; by such relative of her husband.

Explanation.- For the purpose of this section. "cruetly" shall have the
same meaning as in section 498-A .of the Indian Penal Code.
G
This provision was introduced by Criminal Law (Second) Amendment
Act, 1983 with effect from 26.12.1983 to meet a social demand to resolve
difficulty of proof where helpless married women were eliminated by being
forced to commit suicide by the husband or in-laws and incriminating evidence
was usually available within the four-corners of the matrimonial home and

v
1
RAMESH KUMAR v. STATE [LAHOTI, J.] 257
hence was not available to any one outside the occupants of the house. How- A
ever still it cannot be lost sight of that the presumption is intended to operate
against the accused in the field of criminal law. Before the presumption may
be raised, the foundation thereof must exist. A bare reading of Section 113-A
shows that to attract applicabilty of Section 113-A, it must be W.own ·that (i)
• woman has committed suicide, (ii) such suicide has been committed within a
B
period of seven years from the date of her marriage, (iii) the husband or his
relatives, who are charged had subjected her to cruelty. On existence and
availability of the abovesaid circumstances, the Court may presume that such
suicide had been abetted by her husband or by such relatives of her husband.
The Parliament has chosen to sound a note of caution. Firstly, the presumption
is not mandatory; it is only permissive as the employment of expression "may c
presume" suggests. Secondly, the existence and availability of the abovesaid
three circumstances shall not, like a formula, enable the presumption being
drawn; before the presumption may be drawn the Court shall have to have
regard to 'all the other circumstances of the case'. A consideration of all the
other circumstances of the case may strengthen the presumption or may dictate D
the conscience of the Court to abstain from drawing the presumption. The
expression - 'The other circumstances of the case' used in Section 113-A
suggests the need to reach a cause and effect relationship between the cruelty
and the suicide for the purpose of raising a presumption. Last but not the least
the presumption is not an irrebuttable one. In spite of a presumption having
been raised the evidence adduced in defence or the facts and circumstances E
otherwise available on record may destroy the presumption. The phrase 'May
presume' used in Section 113-A is defined in Section 4 of the Evidence Act,
which says-'whenever it is provideti by this Act that Court may presume a fact,
it may either regard such fact as proved, unless and until it is disproved or may
call for proof of it.' F
The present case is not one which may fall under clauses, secondly and
thirdly of Section 107 of Indian Penal Code. The case has to be decided by
reference to the first clause, i.e., whether the accused-appellant abetted the
suicide by instigating her to do so.
G
It is beyond doubt that Seema did commit a suicide. Undisputedly, such
suicide has been committed within a year of the date of marriage. What
happened on the date of occurrence is very material for the purpose of record-
ing a finding on the question of abetment. Enough material is available on
record by way oral and documentary evidence with which we shall now deal
with. H
258 SUPREME COURT REPORTS [2001] SUPP. 4 S.C.R.
A What transpired on the date of the incident is known only to two persons,
namely, the deceased and the accused. The deceased's version of that day's
happening constituting the proximate cause provoking her suicide is to be
spelled out from what is contained in a diary (Article A) in the handwriting of
the deceased herself and in the dying-declaration Exbt. P/10. The deceased
wrote on page 11 of diary (Article A):
B
"1. Smt. Seema Dubey, ashamed of my own faults, am committing
suicide. Nobody is responsible and none should be harassed for it".

On page 12 she wrote a letter to her husband as· under :-

c "Dear Raja,

With all love,

Raja this is my last love. You have made me free that I may do
whatever I wish and go where-ever I like. Raja, after coming in this
D house now I have no Other place to go leaving you. You know, you
have now made me free of the words I had given that I would not
commit suicide. Now I would die peacefolly .............. Raja, this is my
last word I do love you and you only, not anyone else.

Now I cannot write 'yours'
E
SEEMA"

Both the writings as held by the Trial Court are in Lhe hand of the
deceased.

F The dying-declaration Exbt. P/10 recorded on 16.6.1986 at 3 p.m. by
Parmeshwar Dayal, Executive Magistrate, PW13 is in question-answer form
and reads as under :-

"Q. What is your name? What is the name of Husband? Marriage
when done.
G
Ans. Seema Bai, Name of Husband - Ramesh Dubey. Marriage per-
forril.ed in June, 85.

Q. What happened with you?

H Ans. Today in the morning I poured kerosene on me and set fire.
RAMESH KUMAR v. STATE [LAHOTI, J.] 259
Q. Why you set fire? A
Ans. Today in the morning quarrel had occurred between me and my
husband.

Q. Previously also quarrel had occurred at any time.
B
Ans. No. From being aggrieved by the quarrel of today. I set fire.

Q. What happened in to-day's quarrel?

Ans. In the morning he told me that you are free. You go where ever
you want to go.
c
Q. Whether you want to say any thing more?

Ans.No."

In his statement under Section 313 Cr.P.C. the accused appellant stated that he
did never ask any dowry nor harassed Seema. On the day of the incident he D
was preparing to go to his duty but Seema was pressing him to leave her at
Shalini's house in Samta colony. The accused had asked her to go there alone.
When he was getting ready to leave for his duty he heard a cry of Seema from
kitchen. He saw her burning. He ran to save her and in doing so he burnt his
hands, legs and chest. E

Shashi Gupta, PW3 is a neighbour of the accused. On 16.6.1986 at about
8.30 a.m. she was outside her house to purchase vegetables. She saw smoke
coming out from the house of the accused and soon she heard a cry from inside
the house. She thought that the house ot the accused was on fire. She called
her father and younger brother who pushed the door open. They entered the F
house. What was seen is pertinent. Seema Devi was standing and the accused
was putting a bed-sheet around her body. The accused wrapped up Seema with
the bedsheet. Seema was naked and her body was burnt. Shashi Gupta asked
her elder brother to bring the jeep and call the driver. Driver of a neighbour
brought the jeep. Accused Ramesh and two other persons took Seema to G
hospital in the jeep.

The picture which emerges from a cumulaiive reading and assessment
of the material available is this. Presumably because of disinclination on the
part of the accused to drop the deceased at her sister's residence the deceased
felt disappointed, frustrated and depressed. She was overtaken by a feeling of H
260 SUPREME COURT REPORTS [2001) SUPP. 4 S.C.R.
A shortcomings which she attributed to herself. She was overcome by a forceful
feeling generating within her that in the assessment of her husband she did not
deserve to be his life-partner. The accused Ramesh may or must have told the
deceased that she was free to go anywhere she liked. May be that was in a fit
of anger as contrary to his wish and immediate convenience the deceased was
emphatic on being dropped at her sister's residence to see her. Presumably the
B
accused may have said some such thing-you are free to do whatever you wish
and go wherever you like. The deceased being a pious Hindu wife felt that
having being given in marriage by her parents to her husband, she had no other
place to go excepting the house of her husband and if the husband had "freed"
her she thought impulsively that the only thing which she could do was to kill
c herself, die peacefully and thus free herself according to her understanding of
the husband's wish. Can this be called an abetment of suicide? Unfortunately,
the Trial Court mis-spelt out the meaning of the expression attributed by the
deceased to her husband as suggesting that the accused had made her free to
commit suicide. Making the deceased free - to go wherever she liked and to
D do whatever she wished, does not and cannot mean even by stretching that the
accused had made the deceased free ''to commit suicide" as held by the Trial
Court and upheld by the High Court.

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
E 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
F was left with no other option except to commit suicide in which case an
instigation may have been infei:red. A word uttered in the fit of anger or
emotion without intending the cor.sequences to actually follow cannot be said
to be instigation.

In Stme of West Bangal v. Orilal Jaiswal and Am:, [1994) 1 SCC 73, this
G Court has cautioned that the Court should be extremely careful in assessing the
facts and circumstances of each case and the evidence adduced in the trial for
the purpose of finding whether the cruelty meted out to the victim had in fact
induced her to end the life by committing suicde. If it transpires to the Court
that a victim committing suicide was hypersensitive to ordinary petulance,
H discord and differences in domestic life quite common to the society to which
RAMESH KUMAR v. STATE [LAHOTI, J.] 261
the victim belonged and such petulance, discord and differences were not A
expected to induce a similarly circumstanced individual in a given society to
commit suicide, the conscience of the Court should not be satisfied for basing
a finding that the accused charged of abetting the offence of suicide should be
found guilty.

Sections 498-A and 306 IPC are independent and constitute different
B
offences. Though depending on the facts and circumstances of an individual
case, subjecting a woman to cruelty may amount to an offence under Section
498-A and may also, if a course of conduct amounting to cruelty is established
leaving no other option for the woman except to commit suicide, amount to
abetment to commit suicide. However, merely because an accused has been c
held liable to be punished under Section 498-A IPC it does not follow that on
the same evidence he must also and necessarily be held guilty of having abetted
the commission of suicide by the woman concerned. Evidential value of the
two writings contained in diary Article A is that of dying declarations. On the
principle underlying admissibility of dying declaration in evidence that truth D
sits on the lips of a dying person and the Court can convict an accused on the
basis of such declaration where it inspires full confidence, there is no reason
why the same principle should not be applied when such a dying declaration
speaking of the cause of death exonerates the accused unless there is material
available to form an opinion that the deceased while making such statement
was trying to conceal the truth either having been persuaded to do so or because E
of sentiments for her husband. The writing on page 11 of diary (Article A)
clearly states that the cause for committing suicide was her own feeling ashamed
of her own faults. She categorically declares - none to be held responsible or
harassed for her committing suicide. The writing on page 12 of diary (Article
A) clearly suggests that some time earlier also she had expressed her wish to F
commit suicide to her husband and the husband had taken a promise from her
that she would not do so. On the date of the incident, the husband probably
told the deceased that she was free to go wherever she wished and wanted to
go and this revived the earlier impulse of the deceased for committing suicide.
The dying declaration Exbt. P/10 corroborates the inference flowing from the
two writings contained in the diary and as stated hereinabove. The conduct of G
the accused trying to put off the fire and taking his wife to hospital also
improbabilises the theory of his having abetted suicide.

In our opinion there is no evidence and material available on record
wherefrom an inference of the acucsed-appellant having abetted the commis- H
262 SUPREME COURT REPORTS [2001] SUPP. 4 S.C.R.
A sion of suicide by Seema may necessarily be drawn. The totality of the circum-
stances discussed hereinabove, especially th.e dying-declaration and the suicide
notes left by the deceased herself, which fall for consideration within the
expression "all the other circumstances of the case". employed in Section 113-
A of Evidence Act, do not permit the presumption thereunder being raised
against the accused. The accused-appellant, therefore, deserves to be acquitted
B
of the charge under Section 306 IPC.

The appeal is partly allowed. The conviction of the accused-appellant
under Section 306 IPC and sentence passed thereon are set aside. His convic-
tion under Section 498-A IPC and sentence passed thereon are maintained.

S.K.S. Appeal p,artly allowed.