Bhanuben and Anr. Vs. State of Gujarat
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Head Note
Indian Penal Code,1860 - Section 306 , Section 114 , The Indian Evidence Act, 1872 - Section 32
Abetment to Suicide - Dying Declaration - Appreciation of evidence - Deceased in her dying declaration had clearly stated that she had consumed the poisonous tablets by mistake - The same was further corroborated by the doctor who had examined her and had declared her as stable and conscious enough to give a reasonable statement -Accused were present inside the house at the time the deceased consumed the poisonous tablet and they had taken her to the hospital as soon as they realized that she was in a critical condition. - Merely because an accused has been held liable to be punished under Section 498A IPC, it does not follow that on the same evidence, he must also and necessarily be held guilty of having abetted the commission of suicide by the women concerned under 306 IPC - Conviction and sentence for offence punishable under Section 306 read with Section 114 of the IPC of the appellants held to be contrary to the legal evidence on record particularly, the dying declaration of the deceased and the conduct of the accused who took the deceased to the hospital -Conviction and sentence for the aforesaid offence is erroneous and accordingly it is liable to be set aside.
Indian Penal Code,1860 - Section 498-A
Cruelty - Conviction - Reduction in Sentence - Deceased was subjected to cruelty at the hands of her husband and her in-laws - Evidence of the prosecution witnesses and the circumstantial evidence makes it amply clear that she was harassed beyond limits by her in-laws, which had caused her grave mental and physical injury - The same had made her run away from matrimonial home on several times and had ultimately resulted in her death - Plea that witnesses are interested witnesses and their evidence cannot be accepted by this Courtrepelled - Conviction of appellants on the charge for offence u/s 498A upheld - Appellant No. 1-mother-in-law of the deceased is said to be around 60 years of age and appellant No.2-sister-in-law of the deceased is more than 35 years of age and having a child to take care of-Sentence modified and reduced to the period of imprisonment already undergone by them.
Topic(s)-Acquittal in Abetment of Suicide but Conviction in Cruelty