w w w . L a w y e r S e r v i c e s . i n



Udhav Lal v/s State of Chhattisgarh, Through- Police Station Sarangarh


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

    Criminal Appeal No. 815 of 2009

    Decided On, 06 January 2020

    At, High Court of Chhattisgarh

    By, THE HONOURABLE MR. JUSTICE RAM PRASANNA SHARMA

    For the Appearing Parties: Rajeev Kumar Dubey, Aman Kesharwani, Advocates.



Judgment Text


1. This appeal is preferred against the judgment dated 9th November, 2009 passed by Additional Sessions Judge, Sarangarh, District- Raigarh (C.G.), in Sessions Trial No.16/2009 wherein the said Court convicted the appellant for charge under Section 306 of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 5 years with fine Rs. 5000/- respectively with default stipulations.

2. In the present case, name of the deceased is Anagatmati who was wife of the appellant. The said Anagatmati committed suicide by hanging on 18th May, 2009 at about 7 PM at village Gunderi. As per version of prosecution, marriage between appellant and deceased took place since 13 years of the incident. It is alleged that appellant earlier demanded Rs. 30,000/- from father of the deceased namely Jaylal(PW-1) which was given to the appellant by the father of deceased and thereafter the appellant purchased a Tractor. After some time again the said appellant demanded Rs. 20,000/- for preparation of Trolley of the said Tractor, but that demand was not full filled that is why the appellant harassed the deceased who committed suicided on his instigation. Matter was reported, investigated, charge-sheeted and convicted the appellant as mentioned above.

3. Learned counsel for the appellant submits as under:-

(i) In the present case report was lodged by the father of the deceased who is resident of Village Madhopali.

(ii) The incident took place in village Gunderi and complainant had no knowledge as to what is going on in matrimonial house of the deceased.

(iii) Complainant has not come with clean hand and investigation is also not fair.

(iv) The trial Court has recorded finding on the basis of evidence which is not admissible in evidence.

(v) The ingredients under Section 306 of IPC have not been established but the trial Court wrongly appreciated the evidence adduced by the prosecution.

(vi) Finding of the trial Court is perverse, therefore, same is liable to be set aside.

4. On the other hand, learned State counsel submits that finding of the trial Court is based on proper marshaling of the evidence and same is not liable to be interfered with invoking jurisdiction of appeal.

5. In the present case, Jaylal (PW-1) is father of the deceased ,as per version of this witness, the deceased informed her regarding demand of money of Rs. 20,000/- by the appellant and as per version of this witness the deceased informed on 3rd May, 2009 but he is unable to state as to what really happened on 3rd May, 2009 with the deceased. Devlal (PW-2), Deepak Sahu(PW-4), Angad Singh (PW-7) and Mani Ram (PW-8) deposed on same line regarding demand of Rs. 20,000/- by the appellant.

6. Deveshwar Patel (PW-9) deposed before the trial Court from different angle. As per version of this witness, the deceased was in depression because she cannot conceive even after passing of 13 years of her marriage. As per version of this witness when deceased informed him regarding her problem of being issueless. He asked her to get advice from any Gynecologist. This witness, who deposed regarding demand of Rs.20,000/- by the appellant is resident of Gunderi and no demand was made in presence of above witnesses by the appellant, they have deposed on the basis of information given by the deceased, but they are unable to state as to what really happened after such demand.

7. For establishing the charge under Section 306 of IPC, the ingredient of Section 107 of IPC has to be established which may be mentioned as under:-

(i)Instigating a person to commit an offence.

(ii) Engaging in a conspiracy to commit an offence.

(iii)Intentionally aiding a person to commit an offence.

Therefore, a person said to have abetted, doing of a thing when he or she instigates any person to do so with any other means of abatement besides instigating are conspiracy and intentionally aid the commission and it is sometime more than cooperation.

8. As has been held by Hon'ble the Supreme Court in Gangula Mohan Reddy Vs. State of Andhra Pradesh, (2010) 1 SCC 750 the abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing. Without a positive act on the part of accused to instigate or aid in committing suicide, conviction can not be sustained. The Hon'ble Supreme Court has further held that in order to convict a person U/s. 306, there has to be a clear mens-Rea to commit offence. It also requires an active act or direct act which leads deceased to commit suicide seeing no option and this act must have been intended to push deceased into such a position that he commits suicide.

9. In the present case, the statement made by the witness is hearsay in nature. In the matter of Kalyan Kumar Gogoi Vs. Ashutosh Agnihotri, (2011) 2 SCC 532, Hon'ble the Supreme Court has held as under:

"(a) the person giving such evidence does not feel any responsibility. The law requires all evidence to be given under personal responsibility, i.e., every witness must give his testimony, under such circumstance, as expose him to all the penalties of falsehood. If the person giving hearsay evidence is cornered, he has a line of escape by saying "I do not know, but so and so told me",

(b) truth is diluted and diminished with each repetition and

(c) if permitted, gives ample scope for playing fraud by saying "someone told me that...........". It would be attaching importance to false rumour flying from one foul lip to another. Thus statement of witnesses based on information received from others is inadmissible." In view of the above, hearsay evidence is second hand evidence and is inadmissible in evidence, therefore, second hand evidence cannot be acted upon to record any findings.

10. There is no suicidal note indicating real cause of death of the deceased. There is no dying declaration made by the deceased. The case of the prosecution is based on hearsay evidence of witnesses who are not neighbours of the appellant, therefore, there is no legally admissible evidence against the appellant for harassing the deceased prior to her death.

11. In the present case, death of the deceased is caused after 13 years of marriage, therefore, presumption under Section 113(A) of the Evidence Act, 1872 is not available to the prosecution.

12. For offence under Section 306 of IPC there should be a clear mens-rea

Please Login To View The Full Judgment!

to commit the offence and there should be a direct or active act by the accused which lead the deceased to commit suicide. Intentionally aiding a person to do a thing also includes in abetment, but from the record, it cannot be inferred that the respondent instigated or intentionally aided the deceased to commit suicide. 13. For the foregoing reasons finding arrived by the trial Court is not sustainable and same is hereby set aside. The appellant is acquitted of the charge under Section 306 of IPC. The appellant is reported to be on bail. His bail bonds shall remain operative for a further period of six months from today in terms of Section 437-A of the Cr.P.C. 14. Accordingly, the appeal is allowed.
O R







Judgements of Similar Parties

29-09-2020 Laddu Lal Mahto Versus Managing Director, Tata Motors Limited, Bihar & Another National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Rajasthan State Road Transport Corporation & Others Versus Goverdhan Lal Soni & Another Supreme Court of India
08-09-2020 Murari Lal Versus State of U.P & Others High Court of Judicature at Allahabad
28-08-2020 Chhotey Lal Versus State of U.P. High Court of Judicature at Allahabad
18-08-2020 Lal Chand Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
11-08-2020 Shankar Lal Yadav & Another Versus Union of India & Others High Court of Delhi
06-08-2020 Ram Lal Versus State of HP & Others High Court of Himachal Pradesh
17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
30-06-2020 Sindhu. S. Lal Versus Revenue Divisional Officer, Adoor & Others High Court of Kerala
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
11-05-2020 Shiv Lal (Since Deceased) Versus Mohan Lal High Court of Punjab and Haryana
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
29-02-2020 Lal Chand Versus State of H.P. High Court of Himachal Pradesh
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
27-02-2020 Aman Khattar Versus Jawahar Lal High Court of Delhi
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
19-02-2020 M/s. Behari Lal & sons V/S The State of Punjab High Court of Punjab and Haryana
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Jhanak Lal V/S State of Madhya Pradesh High Court of Chattisgarh
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
11-02-2020 Kanhaiya Lal Versus Lala Ram & Others High Court of Judicature at Allahabad
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
31-01-2020 Manohar Lal Versus State of H.P. & Others High Court of Himachal Pradesh
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 M/s. Urban Umbrella Development And Management Company Through Its Proprietor/Authorized Signatory, Punjab V/S Pawan Lal & Others National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Chuni Lal Versus Munshi Ram & Another Supreme Court of India
24-01-2020 Lal Mohammed Versus State (Nct of Delhi) High Court of Delhi
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 Seema Lal & Others V/S State of Kerala, Represented by The Principal Secretary, Department of Social Welfare, Secretariat, Trivandrum & Others High Court of Kerala
21-01-2020 Kishan Lal Chadha @ Krishan Lal Chadha (Deceased) Versus Anup Chadha High Court of Judicature at Calcutta
17-01-2020 Oriental Insurance Company Ltd, Orissa Versus Achhey Lal High Court of Chhattisgarh
16-01-2020 Rattan Lal Bharadwaj Versus Magma Financial Corporation Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-01-2020 Shyam Lal Jayaswal Versus Branch Manager, Oriental Insurance Company Limited & Another Supreme Court of India
03-01-2020 State Bank of India V/S Nand Lal Sokhal and Others. Debts Recovery Tribunal Jaipur
02-01-2020 Manori Lal & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-12-2019 State of Punjab Versus Kashmiri Lal @ Sheera High Court of Punjab and Haryana
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
21-11-2019 Sham Lal Chabba Versus Om Prakash & Others High Court of Himachal Pradesh
20-11-2019 Chaitu Lal Versus State of Uttarakhand Supreme Court of India
15-11-2019 Municipal Corpn. Of Greater Mumbai (MCGM) Versus Abhilash Lal & Others Supreme Court of India
15-11-2019 The Management of M/s. Birla Te Versus Chunni Lal High Court of Delhi
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
11-11-2019 The State of Maharashtra Versus Mohammed Ibrahim Lal Mohammed & Another High Court of Judicature at Bombay
08-11-2019 Avijit Mitra & Others Versus Shankar Lal Roy High Court of Judicature at Calcutta
08-11-2019 Parvati Mohta Through Legal Representatives Versus Mohan Lal Sukhadia University High Court of Rajasthan Jodhpur Bench
05-11-2019 Heera Lal Versus State of Rajasthan, Through PP High Court of Rajasthan Jaipur Bench
04-11-2019 Shyambai Versus Shankar Lal National Consumer Disputes Redressal Commission NCDRC
25-10-2019 Joint Labour Commissioner & Registering Officer & Another Versus Kesar Lal National Consumer Disputes Redressal Commission NCDRC
23-10-2019 Indore Development Authority Versus Manohar Lal & Others Supreme Court of India
22-10-2019 Pratap Lal Teli Versus The State of Maharashtra, through the Public Prosecutor, Home Department, Government of Maharashtra & Others High Court of Judicature at Bombay
19-10-2019 Hori Lal & Another Versus State of Uttar Pradesh High Court of Judicature at Allahabad
18-10-2019 Jawahar Lal Jaiswal Versus State of U.P. & Others High Court of Judicature at Allahabad
18-10-2019 Gopi Lal Sahu Versus State of Chhattisgarh & Others High Court of Chhattisgarh
09-10-2019 Roshan Lal Versus Delhi Jal Board High Court of Delhi
04-10-2019 Ravi Setia Versus Madan Lal & Others Supreme Court of India
26-09-2019 Commissioner of Income Tax Exemption U.P State Cons. & Infra. Versus M/s. Reham Foundation Kandhari Lane Lal Bagh, Lucknow High Court Of Judicature At Allahabad Lucknow Bench
25-09-2019 Rakesh Goel Versus Hira Lal ( Now Deceased) & Another High Court of Delhi
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
18-09-2019 National Insurance Co. Ltd. Versus Rameshwar Lal & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Anshuman Dubey & Another Versus Jawahar Lal Nehru University & Others High Court of Delhi
16-09-2019 Vinod Madan Lal Nawandhar Versus Vidisha Garg & Others High Court of Delhi
11-09-2019 Ami Lal Versus Commandant, 52nd Battalion, Central Reserve Police Force, Manipur & Another High Court of Orissa
09-09-2019 Malkit Kaur Versus Joginder Lal Khurana High Court of Punjab and Haryana
06-09-2019 Chaman Lal Mittal Versus Kamini Sharma High Court of Delhi
05-09-2019 Laxman Lal Latta Versus Kamlesh Parmar & Others High Court of Rajasthan
03-09-2019 Pritam Lal Makhija Versus Akhil Bhartiya Aggarwal Sammelan Thr its Joint Organised Secretary Virender Gupta High Court of Delhi
02-09-2019 Shiv Lal Versus Om Parkash Kashyap High Court of Delhi
02-09-2019 Bharat Lal Meena Versus State of Rajasthan High Court of Rajasthan Jaipur Bench
22-08-2019 Dilip Kumar Mahesh Versus Sundar Lal Maurya High Court Of Judicature At Allahabad Lucknow Bench
21-08-2019 Sunder Lal Versus State High Court of Delhi
20-08-2019 Mewa Lal Choudhary Versus Union of India High Court of Judicature at Patna
13-08-2019 Dhanpat Lal Sharma Versus Bhakra Beas Management Board (BBMB) & Another High Court of Himachal Pradesh
08-08-2019 Hazari Lal Versus Superintending Canal Officer, Bhakra Water Services, Sirsa & Others High Court of Punjab and Haryana
06-08-2019 Nand Lal & Others Versus Bhakra Beas Management Board & Others High Court of Himachal Pradesh
05-08-2019 Panna Lal Gaur & Another Versus State of U.P. High Court of Judicature at Allahabad
01-08-2019 Moti Lal Daga & Another Versus Govt. of NCT of Delhi & Others High Court of Delhi
01-08-2019 Basant Lal Memorial College of Education Versus National Council For Teacher Education & Others High Court of Delhi
29-07-2019 Rajasthan Housing Board Versus Roshan Lal Saini & Others Supreme Court of India
24-07-2019 Bhajan Lal & Others Versus North Delhi Municipal Corporation & Others High Court of Delhi