2022(3) Kar. L.J. 136
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRAKASH AND OTHERS
Verses
STATE OF KARNATAKA BY HOLALKERE POLICE STATION
CODE OF CRIMINAL PROCEDURE, 1973, Sections 374(2), 313 and 233- Indian Penal Code, 1860, Sections 323 and 306 read with Section 34-Abetment of suicide – Ingredients of – Issue of motive to abet – Allegation against accused are that they have given harassment to deceased Shivakumar (husband of accused 3 herein), by not showing his male child to his wife, which caused him to commit suicide – Trial Court held conviction against accused for offences punishable under Section 323 read with Section 34- However, charge has been framed against them for abetment to suicide as provided under Section 306 of the IPC Criminal appeal against – There is no single piece of evidence which can be admitted in law used against appellants- accused – Landlord of the land where deceased committed suicide by hanging himself to a mango tree was not subjected to examination to prove the guilt of accused – There was neither any positive act nor intention or mens rea on the part of accused to instigate him or even aid him in committing suicide – Currency note of Rs. 20/- on which some writings were noticed and found in the body of deceased, was that accused have caused his suicide – However, note was not subjected to report from chemical examiner whether the writings were in the handwriting of deceased – Prosecution has not established, beyond all reasonable doubt the alleged guilt of accused which led deceased to commit suicide Conviction in such facts/circumstances would only result in miscarriage of justice – Criminal appeal against impugned order dated 31-3-2011 by Trial Court, under Section 374(2) of the Cr. P.C. Allowed. (paras 2, 11, 12, 13, 16, 19 and 21)