The Chhattisgarh High Court has set aside the conviction of three surviving appellants in a 2009 suicide abetment case, holding that the prosecution failed to establish the intention to instigate the deceased to take her own life. Justice Naresh Kumar Chandravanshi allowed their appeal against a trial court judgment sentencing them to 10 years of rigorous imprisonment under Sections 306 and 34 of the Indian Penal Code (IPC).
The case arose after a woman died on April 18, 2009, after consuming a poisonous substance. According to the prosecution, five days earlier, she and her prospective husband had been assaulted at his residence in Ambikapur after the accused, who were her distant relatives, objected to their presence together.
In April 2013, the trial court convicted the accused and imposed 10 years of rigorous imprisonment and a fine of ₹500 each. The court also ordered 15 days of additional rigorous imprisonment in default of payment of the fine. The accused challenged the decision, arguing that the prosecution had failed to prove abetment and that the handwriting expert’s report concerning the alleged suicide note had not been proved through the expert’s testimony.
The High Court found that the assault had been established through the evidence but held that the prosecution had not proved the intention required for abetment of suicide.
The Court observed:
“Nothing has been brought on record by the prosecution to establish that the appellants had beaten the deceased with an intention to instigate her to commit suicide or with any such intention.”
The Court noted that the incident occurred approximately five days before the suicide and that the prosecution had failed to establish any intention or act of instigation by the accused to encourage the deceased to take her own life.
The Court held that the essential ingredients of abetment of suicide under Section 306 IPC had not been proved. It set aside the conviction and sentence of the surviving appellants and acquitted them.
“The instant appeal is allowed. Conviction of appellants under Section 306/34 of the IPC and sentence imposed upon them vide the impugned judgment are set aside/quashed. The appellants are acquitted of aforesaid charge.”
The Court further directed that their bail bonds remain in operation for six months under Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Case Title: Smt. Lakhapatiya Bai & Ors. v. State of Chhattisgarh
Case Number: Criminal Appeal No. 364 of 2013
