
Gurcharan Singh v
The State of Punjab
CRIMINAL APPEAL NO.40 OF 2011 decided on
October 1, 2020.
BENCH- NV Ramana, Surya Kant and Hrishikesh Roy, JJ.
FACTS
The accused, along with his parents, was
charged under section 304-B and 498A/34 of Indian Penal Code (hereinafter
referred as IPC) for harassing the deceased who was his accused’s wife
regarding insufficient dowry. The deceased in this case was alleged to have
consumed some poisonous substance. The Trial Court ordered acquittal of
the accused’s parents but convicted the accused for abetting suicide of his
wife, under section 306 IPC. Aggrieved by the same, the accused filed an appeal
to High Court and then to Supreme Court.
ISSUE
Whether accused could be held guilty for
instigating and abetting suicide based on circumstantial evidence, in absence
of any direct evidence?
HELD
The Supreme Court answered the question in
negative and said that a young married lady with two minor children
committing suicide, in the absence of evidence, conjectures cannot be drawn
that she was pushed to take her life, by the circumstances and atmosphere in
the matrimonial home. The Supreme
Court held that in order to convict an accused under Section 306 IPC, the
accused should instigate a person either by act or omission. The Supreme Court
in its judgment relied on the importance of the principle of Mens Rea and held
that to determine the culpability there must be state of mind to commit a
particular crime which must be visible. Mens Rea cannot be assumed to be
ostensibly present but has to be visible and conspicuous. The Supreme Court applying
the above law on present facts and circumstances of the case it concluded that there
was no direct evidence to show that deceased was subjected to cruelty or any
maltreatment instead evidence suggest that due care and treatment was given to
the deceased at her matrimonial home.