Supreme Court of India
KUMAR @ SHIVA KUMARversusSTATE OF KARNATAKA
- Citation
- 2024 INSC 156
- Decided
- 1 March 2024
- Disposal
- Appeal(s) allowed
- Bench
- BELA M TRIVEDI
Holding
The conviction under Section 306 IPC was unsustainable because the prosecution failed to prove the appellant’s abetment of the suicide.
Summary
The appellant was convicted under Section 306 of the Indian Penal Code for allegedly abetting the suicide of his former tenant, X, who died after consuming organophosphate poison. The prosecution's case relied on testimonies of family members and neighbours, alleging that the appellant had threatened X to marry him and that this harassment led her to take her own life. The Supreme Court examined the evidence and found serious inconsistencies, contradictory statements, material omissions, and a lack of any direct or proximate act of instigation by the appellant. It also noted the failure to investigate crucial forensic aspects, such as the source of the poison and the absence of the syringe or container. Applying the legal standards for abetment, the Court concluded that the prosecution did not establish the requisite mens rea or an active act of instigation. Consequently, the conviction was set aside and the appeal was allowed.
Issues considered
- Whether the prosecution proved the charge of abetment to commit suicide under Section 306 IPC against the appellant.
- Whether the evidence established a direct or indirect act of instigation or facilitation by the appellant.
- Whether the inconsistencies, contradictions and material omissions in witness testimony undermine the conviction.
- Whether the forensic evidence regarding the organophosphate poison was sufficient to support a suicide inference.
Legislation cited
- Indian Penal Code, 1860s. 107, s. 306, s. 309
Subjects
Evidence on recordInconsistencies in version of prosecutionMaterial omissionsAbetment to commit suicideInstigationDirect or indirect act(s) of incitementMedical jurisprudenceCircumstantial evidenceNon-recovery of relevant objects
Judgment
[2024] 3 S.C.R. 329 : 2024 INSC 156
Kumar @ Shiva Kumar
v.
State of Karnataka
(Criminal Appeal Nos. 1427 of 2011)
01 March 2024
[Bela M. Trivedi and Ujjal Bhuyan,* JJ.]
Issue for Consideration
Appellant was convicted for the offence u/s. 306 IPC by the trial
Court and the conviction was upheld by the High Court. Whether
the prosecution proved the charge of abetment to commit suicide
u/s. 306 IPC against the appellant.
Headnotes
Penal Code, 1860 – s. 306 – Prosecution case was that appellant
was earlier residing in the house of the victim-deceased X
as a tenant – It was alleged that appellant threatened victim
to marry him when she was returning home after dropping
children of her sister at school – Thereafter, she consumed
poison in the house – Consequent to which, she died in the
hospital – Trial Court convicted appellant u/s. 306 IPC – His
conviction was upheld by the High Court – Propriety:
Held: The evidence on record, not only reveal glaring inconsistencies
but also gaping holes in the version of the prosecution – That
apart, there are material omissions too – PW-1 is the father and
the first informant – According to him, he used to live in the same
house as the deceased – On the fateful day, he had gone out of
the house at 7:00 AM in the morning and returned back to the
house at 10:00 AM and found that his daughter X was admitted
to a nursing home for consuming poison – Whereas, PW-2, sister
of deceased deposed that their father was living separately with
another woman outside marriage – She also stated that she saw
her father in the Hospital on the second day of hospitalization of
the deceased – If the version of PW-2 is to be believed then the
evidence of PW-1, the first informant, cannot be accepted – Both
PW-1 and PW-2 claimed that the deceased had told them about
the harassment meted out to her by the appellant fifteen days prior
to the incident – However, neither of them confronted the appellant
nor lodged any complaint before the police – According to PW-4
* Author
330 [2024] 3 S.C.R.
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(another sister of deceased), the deceased X was taken to the
nursing home only after 11:00 to 11:15 AM – This again contradicts
the statement of PW-1 that when he had come back home on the
fateful day at 10:00 AM, his daughter X was already taken to the
nursing home – Also, it was stated in FIR that neighbours had
noticed through window that X was lying unconscious – Only two
of the neighbours were examined and even they were declared
hostile – No other neighbours were examined by the police – There
is no explanation by the prosecution for such glaring omission –
Again, according to the informant PW-1, it was the neighbours
who had first seen the deceased through the window lying on the
floor in pain with the phone continuously ringing – It is not at all
believable that when the receiver was hanging (as has come out
from the evidence of PW-4), how the phone could go on ringing
continuously – Adverse inference has to be drawn from such
glaring contradictions and omissions – Further, the doctors who
first treated X were not examined, they could have thrown light
whether intake of Organophosphate compound was by way of
injection (there were multiple injection marks present over front of
both elbows of X) or consumed orally – There was no recovery of
any syringe or container or bottle containing the pesticide – There
is no answer as to why there was no investigation in this regard
– There are no evidence on the basis of which the appellant can
be held guilty of abetting the suicide of the deceased. [Paras 23,
24, 25, 30, 46]
Penal Code, 1860 – s. 306 – Instigation – Meaning of:
Held: Where the accused by his act or omission or by his continued
course of conduct creates a situation that the deceased is left with
no other option except to commit suicide, then instigation may
be inferred – A word uttered in a fit of anger or emotion without
intending the consequences to actually follow cannot be said to
be instigation. [Para 34.1]
Penal Code, 1860 – s. 306 – Direct or indirect act(s) of
incitement to the commission of suicide:
Held: It must be borne in mind that in a case of alleged abetment
of suicide, there must be proof of direct or indirect act(s) of
incitement to the commission of suicide – Merely on the allegation
of harassment without there being any positive action proximate
to the time of occurrence on the part of the accused which led or
compelled the deceased to commit suicide, conviction in terms
[2024] 3 S.C.R. 331
Kumar @ Shiva Kumar v. State of Karnataka
of s.306 would not be sustainable – It would also require an
active act or direct act which led the deceased to commit suicide
seeing no other option and that this act of the accused must have
been intended to push the deceased into such a position that he
committed suicide. [Paras 36, 39]
Case Law Cited
M. Mohan v. State, [2011] 3 SCR 437 : (2011) 3 SCC
626; Ramesh Kumar v. State of Chhattisgarh, [2001]
Suppl. 4 SCR 247 : (2001) 9 SCC 618; Chitresh Kumar
Chopra v. State, [2009] 13 SCR 230 : (2009) 16 SCC
605; Amalendu Pal alias Jhantu v. State of West Bengal,
[2009] 15 SCR 836 : (2010) 1 SCC 707; Rajesh v. State
of Haryana, (2020) 15 SCC 359 – relied on.
State of West Bengal v. Orilal Jaiswal, [1993] Suppl. 2
SCR 461 : (1994) 1 SCC 73; Ude Singh and Others v.
State of Haryana, [2019] 9 SCR 703 : (2019) 17 SCC
301; Mahendra K. C. v. State of Karnataka and Another,
[2021] 10 SCR 582 : (2022) 2 SCC 129 – referred to.
Books and Periodicals Cited
A Textbook of Medical Jurisprudence and Toxicology
by Jaising P Modi – referred to.
List of Acts
Penal Code, 1860.
List of Keywords
Evidence on record; Inconsistencies in version of prosecution;
Material omissions; Contradictory statements; Abetment to commit
suicide; Abetment; Instigation; Direct or indirect act(s) of incitement;
Positive action proximate to the time of occurrence; Instigate or aid in
committing suicide; Facets of medical jurisprudence and toxicology;
Circumstantial evidence; Non-recovery of relevant objects.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1427
of 2011
From the Judgment and Order dated 17.09.2010 of the High Court
of Karnataka at Bangalore in CRLA No. 1139 of 2004
332 [2024] 3 S.C.R.
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Appearances for Parties
Rajesh Mahale, Adv. for the Appellant.
Muhammad Ali Khan, A.A.G., Omar Hada, Ms. Eesha Bakshi, Uday
Bhatia, Kamran Khan, Arjun Sharma, D. L. Chidananda, Ravindera
Kumar Verma, Advs. for the Respondent.
Judgment / Order of the Supreme Court
Judgment
Ujjal Bhuyan, J.
This appeal by special leave takes exception to the conviction of the
appellant under Section 306 of the Indian Penal Code, 1860 (IPC).
2. It may be mentioned that the Fast Track Court – III Mysore vide the
judgment and order dated 06.07.2004 passed in S.C. No. 26/2002
convicted the appellant for the offence under Section 306 IPC and
sentenced him to undergo rigorous imprisonment (RI) for three years
and to pay fine of Rs. 2,000/-, in default to undergo RI for four months
for the aforesaid offence. Appeal filed by the appellant under Section
374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the
High Court of Karnataka, being Criminal Appeal No. 1139/2004 (SJ-
A) was dismissed vide the judgment and order dated 17.09.2010 by
upholding the conviction and sentence imposed by the trial court.
Prosecution case
3. Case of the prosecution is that the appellant was earlier residing
in the house of the deceased as a tenant though on the date of
the incident he was residing elsewhere as the term of the lease
agreement had expired. On 05.07.2000 at about 09:00 AM, the
deceased was returning home after dropping the children of her
sister in the school. When she had reached near the Canara Bank,
the appellant was waiting there and teased her to marry him. The
deceased refused to respond. Appellant threatened her that if she did
not agree to marry him, he would destroy the family of her sisters,
outrage their modesty and would kill them. After she reached home,
she informed her sisters about the above incident over telephone.
Thereafter, she consumed poison in the house. The neighbours saw
through the window of the house the deceased lying on the floor
in a painful condition. They got the door of the house opened. The
[2024] 3 S.C.R. 333
Kumar @ Shiva Kumar v. State of Karnataka
deceased was suffering from pain due to consumption of poison.
In the meanwhile, one of her sisters and her husband came to the
house. All of them took the deceased to the Nirmala Devi Hospital
whereafter she was shifted to the Mission Hospital. Ultimately, she
died on 06.07.2000 at 07:30 PM.
4. Raju, the father of the deceased, lodged the first information alleging
that appellant was responsible for his daughter committing suicide.
The first information was lodged on 07.07.2000 at 06:30 AM.
5. On receipt of the first information, police registered Crime No.
100/2000 under Section 306 IPC. In the course of the investigation,
post-mortem examination of the deceased was carried out and the
viscera was sent for chemical analysis to the Forensic Science
Laboratory, Bangalore (FSL). The chemical analysis report indicated
presence of Organophosphate pesticide in stomach, small intestine,
liver, kidney and blood. Therefore, the doctor who had carried out
the post-mortem examination opined that the death of the deceased
was due to respiratory failure as a result of consumption of substance
containing Organophosphate compound. On completion of the
investigation, police submitted chargesheet where the appellant was
named as the accused.
6. In order to prove its case, prosecution examined as many as thirteen
witnesses and got eleven documents marked as exhibits. After
closure of the prosecution evidence, the appellant was examined
under Section 313 Cr.P.C.
7. On examination of the evidence on record and after hearing both
the sides, the trial court held that the prosecution had proved the
charge against the appellant that he had abetted the deceased to
commit suicide beyond reasonable doubt. Accordingly, the appellant
was convicted for the said offence whereafter he was sentenced
to undergo RI for three years and to pay fine of Rs. 2,000/- with a
default stipulation.
8. As already mentioned above, the appellant had appealed against
the aforesaid conviction and sentence before the High Court of
Karnataka (for short ‘the High Court’ hereinafter). By the impugned
judgment and order, the High Court held that there was no ground
to interfere with the order of conviction. Accordingly, the appeal was
dismissed as being devoid of any merit.
334 [2024] 3 S.C.R.
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9. Aggrieved thereby, appellant moved this Court by filing a petition
for special leave to appeal. While the prayer of the appellant for
exemption from surrendering was rejected on 13.12.2010, notice
was issued on 28.02.2011. Thereafter, this Court passed order dated
18.04.2011 directing the appellant to be released on bail subject to
satisfaction of the trial court.
Submissions
10. Learned counsel for the appellant submits that both the trial court
and the High Court had failed to appreciate the evidence on record
in the proper perspective. Conviction of the appellant under Section
306 IPC is not supported by the evidence on record. Therefore, such
conviction and the resultant sentence cannot be sustained.
10.1 There are material contradictions in the evidence of the
prosecution witnesses. According to learned counsel for the
appellant, even if the prosecution case is accepted, no case for
abetment to commit suicide by the deceased could be made
out against the appellant. There is no evidence pointing out
any act of instigation, conspiracy or aiding on the part of the
appellant which had compelled the deceased to commit suicide.
10.2 In so far the testimony of PW Nos. 1, 2, 3, 4 and 12 are concerned,
there is a great deal of inconsistency and contradictions in their
evidence. Besides, those witnesses being the relatives of the
deceased, the trial court as well as the High Court ought to
have considered their deposition with circumspection. PW-1 is
the father of the deceased whereas PW Nos. 2 and 4 are the
sisters of the deceased. On the other hand, PW No. 12 is the
brother of the deceased. Their evidence are highly inconsistent.
He submits that it has come on record that PW-1 i.e. the father
of the deceased was living separately from the deceased with
a woman outside marriage. On the other hand, PW-2 i.e.
sister of the deceased in her deposition stated that it was the
neighbours who had told her that deceased had consumed
poison and that the neighbours had taken the deceased to
Nirmala Nursing Home. She had never stated before the police
under Section 161 Cr.P.C. that the appellant used to harass
the deceased. Therefore, it was evident that she had improved
upon her statement when in her deposition she stated that the
appellant used to tease the deceased.
[2024] 3 S.C.R. 335
Kumar @ Shiva Kumar v. State of Karnataka
10.3 Learned counsel also submits that there were injury marks on
the body of the deceased. The front of the right wrist showed
superficial linear incised injury measuring 5cms in length,
which was partially healed. This injury was not explained by
the prosecution. That apart, the presence of the injury and
the partial healing of the same was indicative of the fact that
the said injury had occurred sometime prior to the date of
occurrence. This would also be a reflection on the suicidal
tendency of the deceased.
10.4 It is further submitted that though the deceased was
hospitalised on 05.07.2000, there was delay in lodging of
the first information. The First Information Report (FIR) was
lodged only on 07.07.2000 at 06:30 AM though the deceased
had died on the previous evening at 07:30 PM. This fact
coupled with the non- disclosure of alleged harassment of
the appellant to anyone by the deceased creates a great
deal of doubt about the veracity of the prosecution case.
Moreover, the appellant had got married just about two
months prior to the incident. Therefore, there was no reason
for the appellant to threaten the deceased to marry him
failing which she and her family members would be visited
with dire consequences.
10.5 In support of his submissions, learned counsel for the appellant
has placed reliance on the following two decisions of this Court:
(i) Ude Singh and Others Vs. State of Haryana, (2019) 17
SCC 301
(ii) Mahendra K.C. Vs. State of Karnataka and Another,
(2022) 2 SCC 129.
11. Per contra, learned counsel for the respondent submits that the
evidence on record unmistakably point to the guilt of the appellant.
Prosecution could prove that it was the appellant who had abetted
the deceased to commit suicide. The charge against the appellant
was proved by the prosecution beyond all reasonable doubt and
therefore the trial court was fully justified in convicting the appellant
under Section 306 IPC and imposing the sentence as above.
11.1 The High Court rightly affirmed the conviction of the appellant
imposed by the trial court.
336 [2024] 3 S.C.R.
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11.2 There is no rule of evidence that conviction cannot be based
on the testimony of the evidence of the family members of the
deceased. A holistic reading of the evidence of the prosecution
witnesses more particularly that of PW Nos. 1, 2 and 4 would
clearly establish the prosecution case which was further
strengthened by the evidence of the doctor i.e. PW-13. He,
therefore, submits that there is no merit in the appeal which
is liable to be dismissed.
12. Submissions made by learned counsel for the parties have received
the due consideration of the Court.
Evidence
13. Let us first deal with the evidence on record.
14. PW-1 Raju is first informant and father of the deceased. In his
evidence he stated that his deceased daughter X was a final year
B.Com student of Maharai College, Mysore. The accused (appellant)
used to reside in the ground floor of his house at Vinayakanagar,
Mysore. He had stayed there for five years as a tenant and had
vacated the house after the tenancy period was over.
14.1 The deceased used to regularly take the two children
of his another daughter Meena to Chinamaya School at
Jayalakshmipuram around 9:00 AM. During that time, the
accused used to meet her and often used to ask her to marry
him. In fact, he had threatened his deceased daughter that if
she refused to marry him, he would murder her and her sisters.
The deceased had told him about these facts. On 06.07.2000
(corrected to 05.07.2000 during further examination of PW-1),
the accused had threatened the deceased at about 09.30 AM
near Canara Bank, Jayalakshmipuram that if she refused to
marry him, he would pour acid on her and her sisters and
murder them. According to him, on that day when he came to
the house at 10:00 AM his daughter X was admitted to Kiran
Hospital for consuming poison. He stated that the deceased
was shifted to Mission Hospital, Mysore for further treatment.
At about 7:00 PM on 06.07.2000 his daughter X died. The
deceased had consumed poison due to the unbearable
harassment and cruelty of the accused. The deceased had
told him about the cruel treatment and harassment meted out
[2024] 3 S.C.R. 337
Kumar @ Shiva Kumar v. State of Karnataka
by the accused to her one week earlier to her death. She had
consumed poison when she was in the house. The deceased
had no other disappointment in her life except the harassment
and cruelty of the accused.
14.2 In his cross-examination PW-1 stated that at the time of death
of his daughter X, he was living in the house at Vinayakanagar,
Mysore. His deceased daughter had informed him about the
harassment of the accused one week prior to her death.
However, he did not confront the accused in this regard;
neither did he tell any other person nor lodged any complaint
before the police. On the day of the incident he had left the
house at 7:00 AM. When he came back home at 10:00 AM his
daughter X was taken to the Kiran Hospital. When she was in
the Mission Hospital, he visited the said hospital. His daughter
X was being treated in the said hospital and she was not in
a condition to walk. He went to the Mission Hospital at about
1:00 PM and was in the hospital till the death of his daughter.
Police had come to the hospital at around 3:00 to 4:00 PM on
the day of her death when PW-1 and his other daughters were
present. Police tried to question and talk with his daughter X
but she was not in a position to talk. Till her death she did not
talk. She died on 06.07.2000 at about 07:30 PM. Police had
visited the hospital about two to three times. He stated that
on 07.07.2000 he had lodged the complaint which was written
by Jayarama, who was present in the hospital till her death.
14.3 He further stated in the cross-examination that the accused
was running a chit fund of which he was also a member. His
daughter X was of marriageable age. He denied the suggestion
put by the defence that he wanted to give his deceased daughter
in marriage to the accused but the accused had refused. After
the death of his daughter X, he came to know that the accused
was a married man. However, he stated that he did not know
where accused used to stay after he had left his house.
15. Sister of the deceased Meena is PW-2. In her deposition, she stated
that she, her two children and her deceased sister were living together
at Paduvarahalli (Vinayakanagar). Her two children were studying
in Chinmaya Vidyalaya at Jayalakshmipuram. The two children
were studying in 3rd and 5th standard. The deceased used to take
338 [2024] 3 S.C.R.
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the children to school everyday and also used to bring them back
from school. She used to take the children at around 9:00 AM in the
morning and also used to bring them back home from the school.
15.1 She acknowledged that she knew the accused. Fifteen days
prior to her death, the deceased had told PW-2 that the
accused was teasing her and asking her to marry him. When
she refused the proposal on the ground that he was a married
man, the accused threatened to kill her and her sister. During
this period of fifteen days, the deceased did not talk and was
in a pensive mood.
15.2 She further stated in her deposition that on the day of the
incident i.e. 05.07.2000, she had left for office at 07:45 AM.
While leaving for her office, she had asked her sister X to take
her children to school. According to her, she had received
a phone message from her neighbour that her sister X was
not keeping well and asked her to come home immediately.
According to her, she reached home at around 12.30 noon.
When she reached the house, the neighbours told her that her
sister X had consumed poison and, therefore, she was taken to
the Nirmala (Karuna) Nursing Home. Along with the neighbours
she went to the Mission Hospital. She found her sister X in an
unconscious condition. On the next day at about 7:30 PM her
sister X died. She stated that as the accused had threatened
her sister X that he would kill her if she did not agree to marry
him, she had committed suicide. She further stated that her
father had also visited the hospital. Prior to fifteen days of her
death i.e. before the accused started harassing her sister, the
later was happy and healthy.
15.3 In her cross-examination PW-2 stated that the house belonged
to her mother. Her father PW-1 and her mother resided in the
said house. Accused used to stay in the ground floor of their
house for five years and had vacated the said house prior to
the incident two to three months after expiry of the mortgage
(sic) period. After vacating the house, the accused used to
reside in a house at IV cross at Paduvarahalli (Vinayakanagar).
He was working in a cement dealer shop. After vacating the
house, he did not visit the house again and that PW-2 had
not seen him.
[2024] 3 S.C.R. 339
Kumar @ Shiva Kumar v. State of Karnataka
15.4 At the time of the incident, her deceased sister X was aged
about 21 or 22 years. She stated that she and the other family
members did not try to conduct the marriage of the deceased.
Her father PW-1 was not living with them as he was residing
with another woman outside marriage separately. She stated
that after the death of her husband she started staying in
the said house of her mother. On the day of the incident, her
mother had already died.
15.5 PW-2 stated that she had not disclosed to any other person
the factum of ill treatment and harassment meted out to her
deceased sister by the accused. She had also not stated
before the police the fact that her deceased sister X had told
her about the harassment of the accused fifteen days prior to
her death and her being in a pensive mood.
15.6 She denied the suggestion of the defence that on the date of
the incident she had taken her children to the school and that
when she had returned to the house at 10:30 AM, she found
her deceased sister X in an unconscious condition.
15.7 PW-2 further stated that they did not keep any poisonous
medicine in the house. She did not find any bottle containing
poison near the bed of the deceased. She denied a suggestion
that she along with her another sister Shantha and her husband
Diwakar had taken her sister X to Karuna Nursing Home.
15.8 PW-2 stated that she saw her father in the Mission Hospital
at 5:00 PM on 06.07.2000. She had not told and informed her
father about the incident relating to her sister. Till the dead
body of X was taken, her father was in the hospital.
15.9 PW-2 stated that while it was true that the accused was a
married person, she did not know that he had married two
months prior to the incident. There are residential houses
around the house. They were having good relation with the
neighbours. The accused was having a chit fund when he used
to reside in the house. PW-2 was also a member of the said
chit fund. She denied the suggestion that they had tried to
marry the deceased with the accused when he used to reside
in their house and that the accused had declined to marry her
deceased sister which was the reason for him to leave the
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house. She also denied the suggestion that they had chit fund
amount to be repaid to the accused. She further denied the
suggestion that the deceased might have committed suicide for
some other reason and that the accused was falsely implicated
as he had refused to marry the deceased.
16. Diwakar is the husband of Shantha, the second sister of the deceased.
Diwakar is PW-3. In his examination in chief, he stated that at the time
of her death the deceased was residing with PW-2 at Vinayakanagar.
PW-2 was also the sister of his wife Shantha.
16.1 On 05.07.2000 at about 09:30 AM, the deceased X had
telephoned his wife Shantha and told her that she had
consumed poison. At that time, he was present near his
wife Shantha. According to PW-3, he and his wife Shantha
immediately went to the house of the deceased at Paduvarahalli.
The deceased talked with his wife Shantha. They shifted the
deceased X to Nirmala Hospital and from there to Mission
Hospital. On 06.07.2000, the deceased died in the hospital
during the night time.
16.2 He stated that his wife Shantha had told him that the accused
was responsible for the suicidal death of the deceased.
16.3 In his cross-examination PW-3 stated that before the death
of X his wife Shantha had told him about the accused being
responsible for X consuming poison. When they had gone to
the house of X and were taking her to the hospital, X had told
his wife Shantha that due to the harassment of the accused
she had consumed poison. Earlier thereto he did not know this
fact. He had seen the accused when he used to reside in a
portion of the house as a tenant. The accused had vacated
the house two years prior to the incident whereafter he had
neither seen the accused nor knew about his whereabouts.
16.4 PW-3 denied the suggestion put forward by the defence that
he had stated before the police that the deceased X was in
an unconscious condition when they had reached her house
and that his wife had not told him that the accused was the
reason for the deceased consuming poison. However, he
stated that he did not hear what the deceased X had told his
wife Shantha.
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Kumar @ Shiva Kumar v. State of Karnataka
17. Shantha herself deposed as PW-4. She stated that on 05.07.2000 at
about 11:00 to 11:15 AM. the deceased had telephoned her and told
her that while she was returning home from the school after dropping
the children the accused accosted her on the way. He threatened
her that she should marry him and in case of her refusal he would
kill her by pouring acid on her. Because of this she had consumed
poison to finish her life to bring an end to the matter. Immediately
PW-4 and her husband PW-3 came to the house of the deceased.
17.1 PW-4 stated that when they reached the house of the deceased
X, she was lying on the floor and the phone receiver was in a
hanging position. When PW-4 questioned X, she again told the
above referred facts and the reason for her consuming poison.
PW-4 stated that she along with PW-3 and the neighbours
shifted X to Kiran Nursing Home and from there to Mission
Hospital, Mysore. On 06.07.2000 at about 7:30 PM X died
while on treatment in the Mission Hospital.
17.2 In her cross-examination, PW-4 stated that she had told her
neighbour about X telling her that she had consumed poison
due to the ill treatment and harassment meted out to her by
the accused. Her neighbours did not come to the house of
the deceased with her. When she had reached the house of
X people had gathered. According to PW-4, she knew the
neighbours. When she talked with X, the said neighbours
were present.
18. PW-11 is M.S. Sathyanaraya who was the investigating officer. In his
testimony he stated that he had visited the spot of occurrence. He
had sent the viscera of the deceased for chemical examination. He
had submitted the chargesheet against the accused on 17.11.2000.
He stated that after receiving the FSL report he had sent the same to
the concerned doctor who had conducted post-mortem examination of
the deceased for opinion regarding cause of death of the deceased.
He had obtained the final opinion of the doctor in this regard.
18.1 In his cross-examination he stated that he had not examined
the owner of the house where the accused used to reside. He
had also not examined the neighbours of the said house. To
a pointed query, PW-11 stated that his investigation disclosed
that the accused used to threaten the deceased on public
road often. He did the same act fifteen days prior to the death
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of deceased X. He admitted that he had not examined the
witnesses of that area.
19. R. Vijaya Kumar is the elder brother of the deceased X. He is PW-12.
He stated that his sister X had consumed poison in the house and
had died in the hospital while undergoing treatment. On 05.07.2000
at about 01:30 PM he had received a phone message that his sister
X had consumed poison. He reached Mysore at about 7:30 PM
and went to see his sister X in the Mission Hospital where she was
undergoing treatment. He found her to be not in a condition to talk.
19.1 He stated that could come to know from his another sister PW-2
Meena that accused had harassed his sister X with proposal
for marriage which was the reason for her to consume poison.
19.2 He further stated that he had not told the police about the
PW-2 telling him that the accused had threatened his sister. He
did not know the details as to how his sister X had consumed
poison and the amount of poison. He denied a suggestion that
the accused was not responsible for the suicidal death of X
and that it was because of their enmity with the accused that
they had filed a false complaint against the accused.
20. Dr. Devdas P.K. PW-13 was the doctor who had conducted the post-
mortem examination of the deceased on 07.07.2000. He stated that
on examination of the dead body he found multiple injection marks
present in front of both the elbows. The front of the right wrist showed
superficial linear incised injury measuring 5cm in length which was
partially healed. He further stated that the stomach, small intestine
and contents, liver, kidney and blood were preserved and sealed and
thereafter sent for chemical analysis. On 09.01.2001, he received
the chemical analysis report dated 10.10.2000. The report showed
presence of organophosphorus compound in the viscera. Death
was due to respiratory failure as a result of consumption of substance
containing organophosphorus compound.
20.1 In his cross-examination PW-13 stated that organophosphorus
compound is a pesticide, however, the quantity of the poison
in the viscera of the blood of the deceased was not mentioned
in the FSL report. The amount of organophosphorus could be
detected during the treatment of the injury. The brain would
be conscious till the poison effected the brain. PW-13 could
not say the time when the deceased had consumed poison.
[2024] 3 S.C.R. 343
Kumar @ Shiva Kumar v. State of Karnataka
21. PW-1 in the first information had stated that before his elder daughter
could reach the house the deceased X had become unconscious.
Neighbours Kumari Hema, Mahesh, and Sarojamma along with other
neighbours, including Smt. Hiremani, had seen through the window
that the phone was ringing continuously and that his daughter had
become unconscious. They had got the door opened and when
they asked X why she had done so, her reply was that the accused
was responsible and because of his harassment she had consumed
poison. After that she collapsed. It was thereafter that her sister
and brother-in-law came and took her to Nirmala Devi Hospital and
thereafter to Mission Hospital.
22. The post-mortem report is dated 07.07.2000. From an external
examination of the dead body it was found that there were multiple
injection marks present over the front of both the elbows. The front
of the right wrist showed superficial linear incised injury measuring
5cm in length, partially healed. The stomach, small intestine and
contents, liver, kidney and blood were preserved to be sent for
chemical analysis. Accordingly, the blood and viscera were sealed
and sent to FSL, Bangalore for chemical analysis on 07.07.2000.
The final opinion was kept reserved pending receipt of the chemical
analysis report. The chemical analysis report dated 10.10.2000 was
received on 09.01.2001. As per the report, colour test TLC method
responded for presence of organophosphorus pesticide in stomach,
small intestine, liver, kidney and blood. Thereafter the doctor gave
the final opinion opining that death was due to respiratory failure as
a result of consumption of substance containing organophosphorus
compound.
23. The evidence on record, as noted above, not only reveal glaring
inconsistencies but also gaping holes in the version of the prosecution.
That apart, there are material omissions too. PW-1 is the father and
the first informant. According to him, he used to live in the same
house as the deceased. On the fateful day, he had gone out of the
house at 7:00 AM in the morning and returned back to the house at
10:00 AM. When he came back home at 10:00 AM, he found that his
daughter X was admitted to a nursing home for consuming poison
whereafter the deceased was shifted to Mission Hospital, Mysore
for further treatment. On the other hand, PW-2 Meena, who is the
sister of the deceased and also daughter of PW-1, deposed that the
house belonged to her mother who was already dead on the date
344 [2024] 3 S.C.R.
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of the incident. Father, PW-1, was living separately with another
woman outside marriage. According to her, she along with her two
children and her deceased sister were living together in the house
at Paduvarahalli (Vinayakanagar) after the death of her husband.
She was rather categorical in her cross-examination when she stated
that her father PW-1 was not living with them, as he was residing
with another woman outside marriage separately. Interestingly, in
her cross-examination, she stated that she saw her father in the
Mission Hospital at 05:00 PM on 06.07.2000 i.e., on the second day
of hospitalization of the deceased.
24. If the version of PW-2 is to be believed then the evidence of PW-1,
the first informant, cannot be accepted at all. His statement that
he used to stay in the same house as his deceased daughter X
was belied by his own daughter PW-2, who stated that it was
she and her two children, who used to stay in the house of her
mother along with her deceased sister X, after the death of her
husband. According to her, she saw PW-1 in the Mission Hospital
at 05:00 PM on 06.07.2000. This itself is strange and not at all
a normal behaviour of a father whose daughter had consumed
poison and was struggling for her life in a hospital. If what PW-2
says is accepted, then PW-1 had gone to see his daughter in
the hospital only in the evening of the next day of the incident,
hours before her death. Be it stated that the deceased died on
06.07.2000 at 07:30 PM.
25. Both PW-1 and PW-2 claimed that the deceased had told them about
the harassment meted out to her by the appellant fifteen days prior
to the incident. However, neither of them confronted the appellant
nor lodged any complaint before the police.
26. According to the evidence of PW-4 Shantha, another sister of
deceased X and daughter of PW-1, the deceased had telephoned
her in between 11:00 to 11:15 AM on 05.07.2000 informing her as
to what had happened to her while returning home from the school
that led her to consume poison to end her life. It was then that PW-4
and her husband PW-3 rushed to the house of the deceased. When
they reached the house of the deceased, she was lying on the floor
with the phone receiver in a hanging position. She and her husband
along with the neighbours took the deceased to the nursing home
and from there to the Mission Hospital.
[2024] 3 S.C.R. 345
Kumar @ Shiva Kumar v. State of Karnataka
27. If the version of PW-4 is to be accepted, then the deceased X had
called her over telephone at around 11:00 to 11:15 AM on 05.07.2000.
It was thereafter that she and her husband rushed to the house from
where with the help of the neighbours, the deceased was taken to a
nursing home and from there to the Mission Hospital. In other words,
according to PW-4, the deceased X was taken to the nursing home
only after 11:00 to 11:15 AM. This again contradicts the statement
of PW-1 that when he had come back home on 05.07.2000 at 10:00
AM, his daughter X was already taken to the nursing home.
28. None of the near relatives of the deceased i.e. PW-1, PW-2, PW-4
and PW-12 (the elder brother of the deceased) had confronted the
appellant as to why he was harassing the deceased with proposal
for marriage and in the event of refusal, threatening her with
dire consequences. Though they said that they knew about such
harassment fifteen days prior to the date of incident, none of them
thought it fit to lodge a police complaint. This creates grave doubt
about the prosecution version.
29. Though delay in lodging first information by itself cannot be a ground
to disbelieve the prosecution case, unexplained delay coupled with
surrounding circumstances can certainly dent the prosecution version.
Here is a person (PW-1) who evidently goes to the hospital to see
his daughter struggling for life twenty-four hours after her admission
in hospital, that too just hours before her death. Such a behaviour
is unusual for father, to say the least. That apart, evidently, he was
not stating the truth when he said that he used to reside in the same
house as that of the deceased and when he returned home at 10:00
AM in the morning on the fateful day, the deceased was already taken
to the nursing home by the neighbours. Evidence of PW-2 and PW-4
bely such statement of PW-1. His daughter died on 06.07.2000 at
07:30 PM, whereafter the body was taken by the police for post-
mortem examination. Yet he waited till the next morning to lodge the
police complaint. The police had also not examined Jayarama, the
scribe, who had written the complaint, to ascertain the reason for
such delay. According to PW-1, Jayarama was in the hospital till the
death of the deceased. In the face of such glaring conduct of the
first informant PW-1, adverse inference would have to be drawn. But
crucially, the tendered evidence, as discussed above, are hearsay
not worthy of much credence.
346 [2024] 3 S.C.R.
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30. There is one more aspect. In the first information, PW-1 stated that
neighbours Kumari Hema, Mahesh, Sarojamma and others including
Smt. Hiremani, wife of police personnel Nanjunda Swami had noticed
through the window that his deceased daughter X was lying unconscious
and that the phone was continuously ringing. He further stated that
these neighbours had got the door opened whereafter PW-3 and
PW-4 came and took his deceased daughter X to the nursing home.
Sarojamma and Mahesh had deposed as PW-8 and PW-9 but both
were declared as hostile witnesses. Both stated that the police had
not recorded their statements and that they did not know the cause
of death of the deceased. Thus, only two of the neighbours were
examined and even they were declared hostile. No other neighbours
were examined by the police. There is no explanation by the prosecution
for such glaring omission. Again, according to the informant PW-1,
it was the neighbours who had first seen the deceased through the
window lying on the floor in pain with the phone continuously ringing.
It is not at all believable that when the receiver was hanging (as has
come out from the evidence of PW-4 Shantha), how the phone could
go on ringing continuously. Adverse inference has to be drawn from
such glaring contradictions and omissions.
Relevant legal provisions
31. In India attempt to commit suicide is an offence under Section 309
IPC. This section provides that whoever attempts to commit suicide
and does any act towards the commission of such offence, he shall
be punished with simple imprisonment for a term which may extend
to one year or with fine or with both. But once the suicide is carried
out i.e., the offence is complete, then obviously such a person would
be beyond the reach of the law; question of penalising him would
not arise. In such a case, whoever abets the commission of such
suicide would be penalised under Section 306 IPC. Section 306 IPC
reads as under:
306. Abetment of suicide- if any person commits suicide,
whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a
term which may extend to ten years, and shall also be
liable to fine.
31.1 Thus, as per Section 306 of IPC, if any person commits suicide,
then whoever abets the commission of such suicide, shall be
[2024] 3 S.C.R. 347
Kumar @ Shiva Kumar v. State of Karnataka
punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
32. The crucial word in Section 306 of IPC is ‘abets’. ‘Abetment’ is defined
in Section 107 of IPC. Section 107 of IPC reads thus:
107. Abetment of a thing- A person abets the doing of
a thing, who-
First-Instigates any person to do that thing; or
Secondly-Engages with one or more other person or
persons in any conspiracy for the doing of that thing, if
an act or illegal omission takes place in pursuance of
that conspiracy, and in order to the doing of that thing; or
Thirdly- Intentionally aids, by any act or illegal omission,
the doing of that thing.
Explanation 1.- A person who, by wilful misrepresentation,
or by wilful concealment of a material fact which he is
bound to disclose, voluntarily causes or procures, or
attempts to cause or procure, a thing to be done, is said
to instigate the doing of that thing.
Explanation 2.- Whoever, either prior to or at the time of the
commission of an act, does anything in order to facilitate
the commission of that act, and thereby facilitates the
commission thereof, is said to aid the doing of that act.
32.1 From a reading of Section 107 IPC what is deducible is that a
person would be abetting the doing of a thing if he instigates
any person to do that thing or if he encourages with one or
more person or persons in any conspiracy for doing that thing
or if he intentionally aids by any act or illegal omission doing
of that thing. Explanation 1 clarifies that even if a person by
way of wilful misrepresentation or concealment of a material
fact which he is otherwise bound to disclose voluntarily causes
or procures or attempts to cause or procure a thing to be
done, is said to instigate the doing of that thing. Similarly, it is
clarified by way of Explanation-2 that whoever does anything
in order to facilitate the commission of an act, either prior
to or at the time of commission of the act, is said to aid the
doing of that act.
348 [2024] 3 S.C.R.
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Case law
33. Suicide is distinguishable from homicide inasmuch as it amounts to
killing of self. This Court in M. Mohan Versus State1 went into the
meaning of the word suicide and held as under:
37. The word “suicide” in itself is nowhere defined in
the Penal Code, however its meaning and import is well
known and requires no explanation. “Sui” means “self” and
“cide” means “killing”, thus implying an act of self-killing.
In short, a person committing suicide must commit it by
himself, irrespective of the means employed by him in
achieving his object of killing himself.
34. In Ramesh Kumar versus State of Chhattisgarh2, this Court delved
into the meaning of the word ‘instigate’ or ‘instigation’ and held as
under:
20. 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 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 was left
with no other option except to commit suicide in which
case an instigation may have been inferred. A word
uttered in the fit of anger or emotion without intending
the consequences to actually follow cannot be said to
be instigation.
34.1 Thus, this Court held that to ‘instigate’ means to goad, urge,
provoke, incite or encourage to do ‘an act’. To satisfy the
requirement of ‘instigation’, it is not necessary that actual
words must be used to that effect or that the words or
act should necessarily and specifically be suggestive of
1 [2011] 3 SCR 437 : (2011) 3 SCC 626
2 [2001] Supp. 4 SCR 247 : (2001) 9 SCC 618
[2024] 3 S.C.R. 349
Kumar @ Shiva Kumar v. State of Karnataka
the consequence. But, a reasonable certainty to incite the
consequence must be capable of being spelt out. Where the
accused by his act or omission or by his continued course
of conduct creates a situation that the deceased is left with
no other option except to commit suicide, then instigation
may be inferred. A word uttered in a fit of anger or emotion
without intending the consequences to actually follow cannot
be said to be instigation.
35. Again in the case of Chitresh Kumar Chopra versus State3, this
Court elaborated further and observed that to constitute ‘instigation’,
a person who instigates another has to provoke, incite, urge or
encourage the doing of an act by the other by ‘goading’ or ‘urging
forward’. This Court held as follows:
17. Thus, to constitute “instigation”, a person who instigates
another has to provoke, incite, urge or encourage the doing
of an act by the other by “goading” or “urging forward”.
The dictionary meaning of the word “goad” is “a thing
that stimulates someone into action; provoke to action
or reaction” (see Concise Oxford English Dictionary);
“to keep irritating or annoying somebody until he reacts”
(see Oxford Advanced Learner’s Dictionary, 7th Edn.).
18. Similarly, “urge” means to advise or try hard to
persuade somebody to do something or to make a person
to move more quickly and or in a particular direction,
especially by pushing or forcing such person. Therefore,
a person who instigates another has to “goad” or “urge
forward” the latter with intention to provoke, incite or
encourage the doing of an act by the latter.
35.1 Thus, this Court has held that in order to prove that the
accused had abetted the commission of suicide by a person,
the following has to be established:
(i) the accused kept on irritating or annoying the deceased
by words, deeds or wilful omission or conduct which may
even be a wilful silence until the deceased reacted or
pushed or forced the deceased by his deeds, words or
3 [2009] 13 SCR 230 : (2009) 16 SCC 605
350 [2024] 3 S.C.R.
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wilful omission or conduct to make the deceased move
forward more quickly in a forward direction; and
(ii) that the accused had the intention to provoke, urge or
encourage the deceased to commit suicide while acting
in the manner noted above. Undoubtedly, presence of
mens rea is the necessary concomitant of instigation.
36. In Amalendu Pal alias Jhantu versus State of West Bengal4, this
Court after referring to some of the previous decisions held that it
has been the consistent view that before holding an accused guilty
of an offence under Section 306 IPC, the court must scrupulously
examine the facts and circumstances of the case and also assess
the evidence adduced before it in order to find out whether the
cruelty and harassment meted out to the victim had left the victim
with no other alternative to put an end to her life. It must be borne
in mind that in a case of alleged abetment of suicide, there must be
proof of direct or indirect act(s) of incitement to the commission of
suicide. Merely on the allegation of harassment without there being
any positive action proximate to the time of occurrence on the part of
the accused which led or compelled the deceased to commit suicide,
conviction in terms of Section 306 IPC would not be sustainable.
Thereafter, this Court held as under:
13. In order to bring a case within the purview of Section
306 IPC 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. Therefore, the act
of abetment by the person charged with the said offence
must be proved and established by the prosecution before
he could be convicted under Section 306 IPC.
37. Similar is the view expressed by this court in Ude Singh (supra).
38. In Rajesh versus State of Haryana5, this Court after referring to
Sections 306 and 107 of the IPC held as follows:
4 [2009] 15 SCR 836 : (2010) 1 SCC 707
5 (2020) 15 SCC 359
[2024] 3 S.C.R. 351
Kumar @ Shiva Kumar v. State of Karnataka
9. Conviction under Section 306 IPC is not sustainable
on the allegation of harassment without there being any
positive action proximate to the time of occurrence on the
part of the accused, which led or compelled the person to
commit suicide. In order to bring a case within the purview
of Section 306 IPC, 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.
Therefore, the act of abetment by the person charged with
the said offence must be proved and established by the
prosecution before he could be convicted under Section
306 IPC.
39. Reverting back to the decision in M. Mohan (supra), this Court
observed that abetment would involve a mental process of instigating
a person or intentionally aiding a person in doing of a thing. Without a
positive act on the part of the accused to instigate or aid in committing
suicide, conviction cannot be sustained. Delineating the intention of
the legislature and having regard to the ratio of the cases decided by
this Court, it was concluded that in order to convict a person under
Section 306 IPC there has to be a clear mens rea to commit the
offence. It would also require an active act or direct act which led
the deceased to commit suicide seeing no other option and that this
act of the accused must have been intended to push the deceased
into such a position that he committed suicide.
40. Sounding a note of caution, this Court in State of West Bengal versus
Orilal Jaiswal6 observed that the court should be extremely careful in
assessing the facts and circumstances of each case as well as 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 her
life by committing suicide. If it transpires to the court that the victim
committing suicide was hypersensitive to ordinary petulance, discord
and differences in domestic life quite common to the society to which
the victim belonged and such petulance, discord and differences
were not expected to induce a similarly circumstanced individual to
6 [1993] Supp. 2 SCR 461 : (1994) 1 SCC 73
352 [2024] 3 S.C.R.
Digital Supreme Court Reports
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.
Non-recovery of trace of poison (pesticide)
41. There is one more aspect in this case. In a case of death due to
consumption or administering of poison or insecticide or pesticide,
be it homicidal or suicidal, recovery of the trace of such poison or
insecticide or pesticide is crucial.
42. The post-mortem examination report indicated multiple injection marks
over the front of both the elbows of the deceased. That apart, it was
also noticed that there was a superficial linear incised injury measuring
5cms in length in the front of the right wrist which was partially
healed. The stomach, small intestine and contents, liver, kidney and
blood were preserved. Those were sealed and sent for chemical
analysis to FSL, Bangalore on 07.07.2000. The chemical analysis
report is dated 10.10.2000. The report dated 10.10.2000 stated that
colour test for TLC method was carried out which responded to the
presence of Organophosphate pesticide in stomach, small intestine,
liver, kidney and blood. On this basis, the doctor who carried out
the post-mortem examination i.e. PW-13 gave the final opinion that
death of the deceased was due to respiratory failure as a result of
consumption of substance containing Organophosphate compound.
43. Before proceeding further, it needs to be noted that the chemical
analysis report is dated 10.10.2000 whereas the final opinion of
PW-13 is dated 09.01.2001, there being a delay of three months.
Ofcourse, PW-13 stated that he received the report only on 09.01.2001
on which date he gave the final opinion. Investigating officer offered
no explanation as to why there was such delay in handing over of
the chemical analysis report to PW-13.
44. Be that as it may, PW-13 in his deposition also stated about multiple
injection marks being present over front of both the elbows besides
the partially healed wrist wound on the body of the deceased. He
stated that it was only on 09.01.2000 that he had received the
chemical analysis report dated 10.10.2000 which showed presence of
Organophosphate compound in the viscera. In his cross-examination,
he explained that Organophosphate compound is a pesticide. The
quantity of the poison in the viscera of the blood of the deceased was
[2024] 3 S.C.R. 353
Kumar @ Shiva Kumar v. State of Karnataka
not mentioned in the FSL report. That apart, he further stated that
the smell of Organophosphate compound could be detected during
the treatment. The patient would be conscious till the poison affected
the brain. The deceased was treated in the hospital before she died.
45. A Textbook of Medical Jurisprudence and Toxicology by Jaising
P Modi is considered as authority on various facets of medical
jurisprudence and toxicology. In its 27th edition, Organophosphate
compounds and allied poisons are dealt with under the heading
Inorganic Irritant Poisons (I) in Chapter 3. It says Organophosphate
compounds are extensively used as pesticides for soft body insects
in agriculture. Their easy availability and quick action are the reason
for their popularity for suicidal and homicidal purposes. Worth
Health Organisation has classified Organophosphate compounds
on the basis of their lethality into low toxicity, moderate and highly
toxic compounds. Organophosphate compounds include Hexaethyl
Tetraphosphate (HETP), Tetraethyl Pyrophosphate (TEPP) – Tetron
and Fosvex etc. The Organophosphate compounds are absorbed from
the skin, respiratory and GI system. According to the route of entry,
the respiratory or GI symptoms are more marked. Organophosphate
toxicity can lead to symptoms such as miosis, urination, diarrhoea
etc. Early headache, nausea, giddiness, dimness of vision, twitching
of the eye muscles, tremulous tongue, profuse frothing etc. may be
present. Later, vomiting, sweating, delirium, weakness and paralysis of
respiratory muscles, arflexia, incontinence, bronchospasm, cyanosis,
pulmonary edema, convulsions etc. whereafter, coma and death may
follow. Tetraethyl pyrophosphate is the most toxic and HETP the least.
A single dose that will produce symptoms is 5 mg intramuscular or
25 mg orally. 44-50 mg of TEPP intramuscular or 25-100 mg orally
will be a fatal dose. In fatal cases, the symptoms begin in 30 minutes
and death results in 30 minutes to 3 hours.
46. In this case, the doctors who had treated the deceased in the first
nursing home and later on in the Mission Hospital, were not examined
by the police. They were also not summoned as court witnesses.
Their testimony could have been crucial. They could have thrown
light into the nature of intake of the Organophosphate compound:
whether by way of injection or consumed orally? Whether they could
detect the smell of Organophosphate compound emanating from the
patient? This serious lacuna is further compounded by the fact that
the prosecution had failed to recover any syringe or needle from the
354 [2024] 3 S.C.R.
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crime scene. No container or bottle containing the pesticide were also
recovered from the room where the deceased was found lying on
the floor or in any part of the house. There is no evidence to suggest
that police had made an endeavour to search for such container or
bottle. If the deceased had injected the poison herself, considering
the multiple injection marks over the front of both the elbows, then
the syringe and the needle would have been there, in and around
her. If she had orally consumed the poison, then also the bottle or the
container of the poison would have been present in the crime scene
or near about. There is absolutely no evidence in this regard. There
is also no evidence to show as to how the deceased had acquired
the pesticide. In addition to non-recovery of the syringe or the needle
or the container, the police were unable to show the source from
where the particular pesticide was obtained by the deceased. If the
prosecution case is to be believed, then the syringe and the needle
or the container must have been present in the scene of occurrence
itself. Those were not found by the prosecution. Neither any trace
of pesticide was seen by the investigating officer in the room. The
FSL report as well as the chemical analysis report are silent as to
whether any trace of the pesticide was detected from any of the
seized articles. Prosecution is silent as to why no investigation was
done in this regard. In a case of this nature, where the oral evidence
including that of PW Nos. 1, 2 and 4 are not at all convincing, the
absence of the container or the bottle containing the pesticide from
where the deceased had orally consumed the pesticide, becomes
very crucial. Similarly, recovery of syringe and needle if the deceased
had injected the poison, is also crucial. As a general principle, it
can be said that in a case of death by poisoning, be it homicidal or
suicidal and which is based on circumstantial evidence, recovery of
the trace of poison consumed by or administered to the deceased
is of critical importance. It forms a part of the chain; rather it would
complete the chain to prove homicide or suicide.
Conclusion
47. Human mind is an enigma. It is well neigh impossible to unravel
the mystery of the human mind. There can be myriad reasons for
a man or a woman to commit or attempt to commit suicide: it may
be a case of failure to achieve academic excellence, oppressive
environment in college or hostel, particularly for students belonging
to the marginalized sections, joblessness, financial difficulties,
[2024] 3 S.C.R. 355
Kumar @ Shiva Kumar v. State of Karnataka
disappointment in love or marriage, acute or chronic ailments,
depression, so on and so forth. Therefore, it may not always be the
case that someone has to abet commission of suicide. Circumstances
surrounding the deceased in which he finds himself are relevant.
48. Coming to the facts of the present case, we do not find any evidence
on the basis of which we can hold the appellant guilty of abetting
the suicide of the deceased. While the death of a young woman is
certainly very tragic, it cannot be said with any degree of certainty that
suicide has been proved; the other essential ingredient constituting
the offence under Section 306 IPC, viz, abetment cannot also be
said to have been proved.
49. Thus on a conjoint reading of the entire materials on record, this
Court is of the opinion that the prosecution had failed to prove the
charge of abetment to commit suicide under Section 306 IPC against
the appellant. The settled legal position, the evidence on record and
the glaring omissions of the prosecution as pointed out above, leaves
no room for doubt. We are therefore of the unhesitant view that the
conviction of the appellant is wholly unsustainable.
50. That being the position, conviction of the appellant under Section
306 of the IPC is set aside. The judgment and order of the trial court
dated 06.07.2004 as affirmed by the High Court vide the judgment
and order dated 17.09.2010 are hereby set aside and quashed.
51. Since the appellant is already on bail, the bail bonds shall stand
discharged.
52. The appeal is accordingly allowed. No costs.
Headnotes prepared by: Ankit Gyan Result of the case:
Appeal allowed.
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