Court Cites Lack of Evidence and Contradictory Testimonies in Overturning Conviction
In a significant judgment, the Patna High Court has acquitted Nanhak Rai, who was previously convicted under Section 306 of the Indian Penal Code for the abetment of his wife Neha Kumari's suicide. The court's decision, delivered by Justice Alok Kumar Pandey, highlights the absence of clear evidence and the presence of contradictory testimonies, which failed to establish the accused's intent or actions necessary for conviction under the abetment to suicide charges.
The case, originating from Chenari P.S. Case No. 189 of 2023, involved allegations that Rai had driven his wife to suicide due to disputes and alleged dowry demands. Neha Kumari's death was initially investigated under Sections 304(B)/34 and 302/34 of the IPC, with the trial court convicting Rai solely under Section 306 IPC, sentencing him to three years and six months of imprisonment.
During the appeal, the High Court scrutinized the testimonies of the four prosecution witnesses and the documentary evidence presented. It noted significant inconsistencies, particularly in the statements of the informant, PW-2 Suresh Rajbhar, Neha Kumari's father. His testimony contained numerous contradictions regarding dowry demands and the circumstances leading to his daughter's death, which were not corroborated by other evidence or witnesses.
The court emphasized that mere allegations of harassment or disputes, without concrete evidence of instigation or intentional aid to commit suicide, cannot substantiate a conviction under Section 306 IPC. The prosecution failed to prove that the deceased was left with no alternative but to take her own life due to the accused's actions.
Justice Pandey also referred to established legal precedents, underscoring the necessity of demonstrating a clear mens rea and a direct link between the accused's actions and the victim's decision to commit suicide. The judgment reiterated the legal principle that the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, which was not met in this case.
As a result, the court set aside the trial court's judgment of conviction and ordered the immediate release of Nanhak Rai, provided he is not required in any other case. This acquittal serves as a reminder of the rigorous standards of evidence required in criminal cases, especially those involving serious charges like abetment to suicide.
Bottom Line:
Conviction under Section 306 IPC requires clear mens rea and evidence of direct or indirect acts of instigation or intentional aiding to commit suicide. Mere allegations or absence of direct evidence cannot sustain conviction under Section 306 IPC.
Statutory provision(s): Indian Penal Code, 1860 Section 306, Section 107; Evidence Act, Section 113-A
Nanhak Rai v. State of Bihar, (Patna) : Law Finder Doc Id # 2825385
