The Punjab and Haryana High Court has acquitted a woman who had been convicted for allegedly abetting the suicide of her teenage stepdaughter in a case dating back more than two decades.
Justice Rupinderjit Chahal held that the prosecution failed to prove that the girl’s death was a suicide and also could not establish any clear instigation by the accused that could amount to abetment under the law.
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Background of the Case
The appeal arose from a 2004 judgment of a Sessions Court which had convicted Gugan Ram and his second wife Somta Devi under Section 306 of the Indian Penal Code (abetment of suicide). Both were sentenced to seven years’ rigorous imprisonment along with a fine. Gugan Ram was additionally convicted under Section 354 IPC.
During the pendency of the appeal before the High Court, Gugan Ram died in August 2022, leading to abatement of proceedings against him. The case therefore continued only against Somta Devi.
The prosecution alleged that the deceased, Sushma, a 16-year-old girl, had been living with her maternal relatives after the death of her mother. In April 2003, her father brought her to live with him and his second wife in Haryana.
According to the complainant, Sushma telephoned her maternal relatives on July 6, 2003, saying she was distressed and alleging that her father had made immoral advances towards her. The next day, relatives were informed that she had died and her body had already been cremated.
A complaint was subsequently filed, leading to registration of an FIR under Sections 306, 354 and 201 read with Section 34 IPC.
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Evidence Presented During Trial
The prosecution examined several witnesses, including the complainant and relatives who testified about the alleged phone call made by the deceased shortly before her death. Telecommunication officials and the investigating officer were also examined to establish call records and the recovery of partially burnt remains from the cremation ground.
However, the defence maintained that the girl had suddenly developed severe abdominal pain and died before she could be taken to hospital. The accused claimed that they informed her maternal relatives by phone and performed the cremation only after informing them.
Defence witnesses also testified that the father had made calls to the maternal side on the evening of the incident and again the following morning.
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Court’s Observations
The High Court noted several weaknesses in the prosecution’s case.
First, the Court emphasised that before a person can be convicted under Section 306 IPC, it must be clearly proved that the deceased actually committed suicide. In the present case, no post-mortem examination was conducted and forensic testing of ashes recovered from the cremation ground did not detect poison.
The Court observed that the complainant himself admitted during cross-examination that he did not know the exact cause of death.
“The foundational fact of suicide cannot be presumed. In the absence of medical evidence or cogent material, it cannot be conclusively held that the deceased committed suicide,” the Court noted.
Justice Chahal further held that even if the death were assumed to be suicidal, the prosecution had failed to establish abetment as required under Sections 306 and 107 IPC.
The only allegation against Somta Devi was that when the girl complained about her father’s conduct, the stepmother allegedly told her that if she felt ashamed she could “take poison and die.”
The Court held that such a statement, even if accepted as true, could at best be considered a stray remark.
“The alleged statement, even if accepted as true, at the most appears to be a stray remark… The evidence on record does not demonstrate that the appellant intended, encouraged, or facilitated the commission of suicide,” the bench observed.
The Court also pointed out an unexplained delay of six days in lodging the FIR, which further weakened the prosecution case.
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Final Decision of the Court
After examining the evidence and applicable law, the High Court concluded that the prosecution had failed to prove the case beyond reasonable doubt.
The Court therefore set aside the conviction and sentence imposed by the trial court and acquitted Somta Devi of all charges, granting her the benefit of doubt.
Case Title: Gugan Ram & Another vs State of Haryana
Case No.: CRA-S-2198-SB-2004
Decision Date: 23 February 2026
