1 / 10 2025:CGHC:13457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 149 of 2024 1 - Kanhaiya Lal Dalal S/o Bajrang Lal Dalal Aged About 36 Years R/o Indira Nagar, Police Station City Kotwali, Raigarh, District Raigarh (C.G.) ... Appellant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station, City Kotwali, Raigarh, District Raigarh (C.G.) ... Respondent For Appellant : Mr. Amit Sharma, Advocate For State : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 20/03/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 26/09/2023 passed by the Sessions Judge, Raigarh, District Raigarh, C.G. in S.T. No.13/2022 whereby the appellant has ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 12:08:38 +0530 2 / 10 been convicted and sentenced as under:- Conviction Sentence Under Section 306 of the Indian Penal Code, 1860 R.I. for 7 years and fine of Rs.1000/- and in default of payment of fine additional R.I. for six months 3. The case of the prosecution, in brief, is that the accused used to harass Sajia Naz (the deceased), which was reported by the deceased at the police station and the accused was arrested and after investigation, a case was registered against the accused and the charge-sheet was filed in the concerned court. In the said case, the accused was also in jail and after being released on bail, he kept threatening Sajia Naz and her father to withdraw the said report and threatened to defame her by showing the photographs and video footage he had with him to everyone, due to which Sajia Naz became mentally upset, written complaint of which Ex.P.-13 dated 28/10/2021 was lodged by Sajia Naz at City Kotwali police station. The accused kept threatening Sajia Naz by pressurizing her to withdraw the case and tried to defame her by showing photos in mobile, due to which she committed suicide by hanging herself with a dupatta on an iron angle in her room on 17/11/2021. Based on the above information, Merg Intimation FIR No.P-3 was registered at City Kotwali Police Station, Raigarh. 4. During the investigation, the witnesses were served notice (Ex.P.5) regarding the Panchnama of the deceased Sajiya Naaz and a map of the Panchayatnama (Ex.P.6) was prepared. The body of the deceased was 3 / 10 sent to the District Hospital, Raigarh through the post-mortem application (Ex.P.7) and the post-mortem was conducted as per Ex.P.8. The body of the deceased was handed over to her father and the receipt for the body delivery was obtained as per Ex.P.9. The dupatta used by the deceased for hanging was seized as per seizure memo (Ex.P.11). On 22/06/2021, a copy of the First Information Report (FIR) lodged by the deceased against the accused at City Kotwali Police Station, Raigarh was seized. After the death investigation, it was found by the City Kotwali Police Station that the accused was pressurizing the deceased Sajiya Naaz to withdraw the molestation report lodged by her and was threatening to defame her by showing the photos and videos to other people, due to which the deceased committed suicide by hanging herself with her dupatta from the iron angle in the room of her house, on the basis of which First Information Report (Ex.P.-2) bearing Crime No. 1596/2021 was registered against the accused under Section 306 of the Indian Penal Code and he was arrested. 5. The appellant abjured his guilt during trial and claimed to be tried. The prosecution on its behalf examined as many as 10 witnesses and exhibited 15 documents. The learned trial Court after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal. 6. Learned counsel for the appellant would submit that the offence as alleged against the appellant is not made out. He would next contend that there are major contradiction and omission in the statement of the memorandum and seizure witness. He would next contend that the 4 / 10 prosecution witnesses have not supported the case of the prosecution and they have turned hostile. He would next contend that nothing has been recovered any obscene photograph or video from the appellant. In support of his contention he placed reliance on the law laid down by the Hon’ble Supreme Court in the matter of Swamy Prahladas Vs. State of M.P. and Another {1995 Supp.(3) SCC 438} & M. Mohan Vs. State represented by Deputy Superintendent of Police {(2011) 3 SCC 626} and would lastly contend that the order of the trial Court requires interference by this Court and the appellant may be acquitted of the charges and he may be released on bail. 7. Per contra, learned State counsel would submit that the order of the Court below is well merited which do not call for any interference by this Court. 8. I have heard learned counsel for the parties at length and perused the evidence with utmost circumspection. 9. Mohd. Imran (P.W.-1) stated that deceased Sajiya Naaz was his daughter and the accused used to harass her mentally and molesting her, about which his daughter had complained at City Kotwali Police Station. This witness further stated that on the complaint of his daughter, the accused remained in jail for a few days and after being released from jail, he again started harassing his daughter and used to show his daughter's photograph to people in the locality to defame her in the society. He further stated that his daughter Sajiya Naaz, being upset and fed up with mental torture, had again complained to the City Police Station and the 5 / 10 Superintendent of Police and his daughter Sajiya Naaz had complained on 28/10/2021 in City Police Station, Raigarh as per Ex.P-13. 10. Taj Mohammad (PW-3) stated that Sajia Naz was hanged on 17/11/2021. Similarly, Balram Dansena (PW-4) and Riyaz Khan (PW-5) also stated that Sajia Naz died due to hanging. 11. Shyama Sidar (PW-6) stated that she had filed the application for postmortem of the deceased Sajiya Naz and taken it to the District Hospital, Raigarh. Samund Rankar (PW-7) states that after the death of the deceased Sajiya, according to Ex.P-6, the Panchnama of the dead body was prepared and according to Ex.P-7, application for postmortem was written. 12. Dr. Raju B. Goswami (PW-1) stated that he was pursuing his course in Forensic Medicine and Toxicology at the Medical College, Raigarh. While being posted as Assistant Professor, on 17/11/2021 at 12.35 pm, when the dead body of deceased Sajiya Naz was presented by constable Shyama Sidar, the body was examined. The body was identified by the concerned police constable and the deceased's father Mohd. Imran. This witness states that the dead body was of an average height woman and was kept on the post-mortem table. It was told by the police and the deceased's family that the deceased was seen hanging in the house at 07.00 am and on 17/11/2021 itself, the said woman was brought to KGH Hospital, Raigarh in a dead state. 13. He further stated that eyes of the deceased were closed, pupils were dilated, mouth was open, teeth were inside the mouth and all the teeth 6 / 10 were present, tongue was intact inside the teeth, upper and lower limbs were in straight position, post mortem stiffness was present in both limbs, hypotoxicity was present in the posterior part of the back, fingers were stiff, throat was pulled. There was blueness in the nails of the hand, there were no marks of decomposition of the body of the deceased. He further stated that the ligature TRI material - a chunni of blue colour was around the neck, there was a knot in the noose of noose which was cut and separated and a knot was present on the left side of the neck just below the ear, the diameter of the knot was 9 cm and was inside the noose, the circumference of the noose was 36 cm, the length below the knot in the noose was 103 cm, the bigger one and the smaller one was 21 cm, the diameter of another knot was 9 cm, another knot was 83 cm from the main knot. He further stated that the circumference of the neck was 35 cms, the mark of hanging was above the thyroid collarette and was going obliquely towards the right and was dark reddish brown in colour, the mark was not there on the back of the neck and in some parts behind the ear, the mark of hanging was from the middle part going upwards and backwards on both sides in an inverted V shape near the left angle of the jaw, the length of the mark was 22 cms, the mark was 7 cms below the chin and 2 cms in width at 4 cms below the right angle of the jaw and 2 cms in width below the left angle of the jaw.It was 2 cm wide and 7 cm below the right mestral towards the right side and 1.2 cm wide, on sectioning it was dry, hard, shiny and reddish brown in colour, on dissection hyoid bone and thyroid were present on both sides. 7 / 10 14. He further stated that the skull and Spine - Skull and vertebral column were unaffected, scallop was congested and there was petechial hemorrhage (bleeding spot) in front of scallop, brain, spinal cord, membranes were congested and unaffected. On examination of thorax, ribs were unaffected, diaphragm was congested and unaffected, trachea was empty with mucosa congested and unaffected, both lungs were congested and unaffected, left and right side of heart were slightly congested. He further stated that the membranes, intestinal membranes, mouth, oesophagus and pharynx were congested and unaffected, the stomach contained about 10 to 20 ml of fluid which was foul smelling, the mucosa of the stomach was congested and unaffected, the small and large intestine contained gas and faecal matter, the liver, spleen and both the kidneys were congested and unaffected, the urinary bladder andThe mucosa was empty and congested and unaffected. He preserved and sealed the noose for examination and handed it over to the constable of the concerned police station along with the sealed sample and advised for examination if required. According to him, the deceased had died due to antemortem hanging and the nature of death was kept under investigation. The time of death was within 8 to 24 hours before the postmortem. The examination report given by him is Ex.P-8. 15. Perusal of Ex. P/13 would show that the deceased had lodged a report on 28/10/2021 to the effect that the appellant had molested her and on being lodged a report in that regard, the appellant was arrested and the trial was pending against him. Perusal of Ex. P/13 further shows that after 8 / 10 being released on bail, the appellant used to extend threat to the deceased and her father for withdrawing the said complaint otherwise he will show the video and photograph to the nearby persons. 16. The Hon'ble Supreme Court, in Kishangiri Mangalgiri Goswami Vs. State of Gujrat (AIR 2009 Supreme Court 1808) has described the abetment of suicide. It interpreted that abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. The Hon'ble Supreme Court, while interpreting the provisions of Section 306 IPC has reiterated the following dictum as under: “8 Sec. 306 IPC deals with abetment of suicide. The said provision reads as follows "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.” 9 Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing it required before a person can be said to be abetting the commission of offence under Sec. 306 of IPC. 10 In State of West Bengal n Orilal Jaiswal (AIR 1994 SC 1418) this Court has observed that the courts 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 her life by committing suicide. If it transpires to the Court that a victim committing suicide was 9 / 10 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 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.” 17. Section 306 IPC deals with abetment of suicide. The abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. The statement of the witnesses would show that the appellant used to extend threat and used to molest the deceased for which she has also made a report also which shows that the appellant by his act created undue pressure on the deceased because of which the deceased was compelled to commit suicide. 18. From perusal of the above evidence and the report of the deceased, the severity of the role of the appellant and the the nature of his action i.e. extending threat and molesting cannot be sidelined. Therefore, considering the gravity of offence, finding of conviction recorded by Trial Court is in accordance with the evidence available on record which is neither perverse nor contrary to the records. Looking to the entire evidence adduced by the prosecution, in my considered view, the Trial Court has rightly convicted the appellant for the aforesaid offence. I do not find any infirmity in the judgment of the Trial Court. Thus, conviction of appellant is affirmed. 19. As regards the quantum of sentence, considering the fact that incident in question took place as back as in the year 2021 and now near about 03 10 / 10 years & 04 months have passed. During these years, appellant must have suffered tremendous mental trauma and anguish of trial, he has already undergone near about 3 Years, 2 Months and 12 Days of substantive sentence imposed by trial Court, this Court is of the opinion that sentence imposed by trial Court upon the appellant under Section 306 of the IPC RI for 07 years appears to be on higher side. So keeping in view all the circumstances, mentioned above, ends of justice will be served if the sentence imposed upon appellant is reduced from RI 07 years to RI 03 years. 20. In the result, appeal is allowed in part. While maintaining the conviction of appellant under Section 306 of IPC, the sentence imposed upon him by trial Court under Section 306 of the IPC is reduced from RI for 07 years to RI 03 years. However, rest of the jail sentence and sentence of fine imposed by the trial Court is hereby maintained. SD/- (Arvind Kumar Verma) JUDGE ashu