Assoo vs State Of M.P

CRIMINAL APPEAL NO. 1863 OF 2008

ASSOO ... APPELLANT

VERSUS

STATE OF MADHYA PRADESH .... RESPONDENT

O R D E R

1. This appeal, by way of special leave, arises out of

the following facts:

1.1 Jummi Bai deceased had been married with the

appellant Assoo, about five years prior to the incident.

At the time of the marriage, her parents had promised to

give her a radio- set and watch in the dowry. It

appears, however, that due to their poor financial

condition, they were not able to fulfill the demand.

The appellant was, accordingly, upset with this refusal

and started harassing the deceased to bring the

aforesaid articles. Frustrated thereby, on 21st April,

1990 at about 6.30 p.m.,Jummi Bai committed suicide by

setting herself on fire. The fact that she had

committed suicide was reported to the police by the

appellant himself. A daily diary entry was,

accordingly, made. The dead body was also sent for its

Crl.A. No. 1863 of 2008 2

post mortem examination and the doctor opined that the

cause of the death was complications arising out of 100%

burn injuries. On investigation, however, the police

found that a case under Section 304-B IPC was made out

against the appellant as he had made repeated demands

for the aforesaid articles and on the inability of her

parents to meet the demand he had harassed her and

driven her to suicide.

1.2 The prosecution in support of its case placed

reliance on the evidence of PW1 Rajjab Khan and PW2

Peer Khan, the father and brother of the deceased

respectively. The trial court, on a consideration of the

aforesaid evidence, found that a case under Section 304-

B IPC was proved against the appellant and, accordingly,

convicted him under that provision and sentenced him to

seven years rigorous imprisonment. An appeal was

thereafter taken to the High Court. The High Court,

vide judgment dated 13th December, 2006, partly allowed

the appeal and set-aside the conviction and sentence

awarded by the trial court and convicted the appellant

under Section 306 IPC instead and sentenced him to

undergo rigorous imprisonment for three years. Hence,

this appeal by way of special leave.

Crl.A. No. 1863 of 2008 3 2. The learned counsel for the appellant has at the

very outset, pointed out that the evidence of PWs 1 and

2 could not be believed as they were relatives of the

deceased and that PW3 None Lal, another prosecution

witness, had completely disowned the prosecution story

and had given a different version all together, which,

if accepted, would absolve the appellant of any

misconduct. He has further argued that even assuming

that there had been a quarrel between the appellant and

his wife, it was not of such a nature which would have

led her to commit suicide as envisaged under Section 306

IPC.

3. Mr. Vibha Dutta Makhija, the learned counsel

appearing for the State has, however, has supported the

judgment of the High Court and submitted that the

evidence clearly showed that appellant had harassed his

wife on account of her inability to bring the radio and

the watch as demanded and that the ill-treatment had

driven her to suicide.

4. We have considered the arguments advanced by the

learned counsel. At the very outset we must note that

the appellant has been acquitted by the High Court of

the charge under Section 304-B IPC. The question now

Crl.A. No. 1863 of 2008 4

arises as to his culpability under Section 306 of the

IPC. We have perused the evidence of PWs 1 and 2, the

father and brother of the deceased . PW - 1 testified

that his daughter had been reprimanded by the appellant

as she was not manufacturing enough beedis and that he

had also beaten her as she was not able to fulfill his

demand for a watch and a radio. PW2 Peer Khan, the

brother of the deceased, however, admitted in his

cross-examination that the appellant had not made a

demand for a radio and watch but they had themselves

promised to supply these items although they had not

been able to keep their word.

5. We are of the opinion that besides the evidence

of Pws 1 and 2, which itself is extremely shaky, there

is no other statement to show any misbehaviour or

demands for dowry. There is also no indication as to

when these demands had been made. It must be noted that

every quarrel between a husband and wife which results

in a suicide cannot be taken as an abetment by the

husband and the standard of a reasonable and practical

woman as compared to a headstrong and over sensitive

one, has to be applied. Taking the evidence against

the appellant, as it is, we find that no abetment of

suicide is made out. We have also perused the evidence

Crl.A. No. 1863 of 2008 5

of PW 3 None Lal, a neighbour, and one of the first to

arrive at the spot. He gave a story which completely

dislodges the statements of PWs 1 and 2. He deposed in

his cross-examination that Shri Bai, a neighbour of the

appellant, had made allegations against the deceased in

the presence of Ghaffoor and Ishaq that she was

involved in illicit activities while her husband was

away and that she would reveal all to her husband when

he returned home and that immediately after these

remarks the appellant had returned home on which the

deceased had gone inside and set herself ablaze. We

take it, therefore, as if the prosecution had accepted

the statement of PW3 as true, as the witenss had not

been declared hostile.

6. We, accordingly, set-aside the impugned judgment

and allow the appeal. The appellant stands acquitted.

.........................J

[HARJIT SINGH BEDI]

..........................J

[CHANDRAMAULI KR. PRASAD]

NEW DELHI.

APRIL 26, 2011.