Hansaben @ Hasina Yusufbhai & Anr. vs The State Of Gujarat

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The appellants, being the sister-in-law and brother-in-law of the deceased, were convicted by the Additional Sessions Judge, 10th Fast Track Court, Rajkot in Sessions Case No. 10/2002 for offences under Sections 306, 498(A), 506(2) and 114 of the Indian Penal Code. The prosecution alleged that the appellants pressurised the husband of the deceased to engage in illegal bootlegging activity, which caused constant mental harassment to the deceased, ultimately leading her to pour kerosene over herself and set herself ablaze, succumbing to the burn injuries sustained.

The appellants preferred the present criminal appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction dated 22.12.2004. The appellants contended that by no stretch of imagination could it be said that they were aware their insistence upon the husband of the deceased would lead her to commit suicide, and that there was no instigation or abetment on their part within the meaning of the relevant provisions of the IPC.

The High Court of Gujarat heard arguments from counsel for the appellants and the Additional Public Prosecutor for the State. The central question before the Court was whether the acts attributed to the appellants constituted abetment to suicide punishable under Section 306 IPC and whether the ingredients of cruelty under Section 498(A) IPC were established beyond reasonable doubt on the evidence available on record.

Catchwords: abetment of suicide Section 306 IPC cruelty Section 498(A) IPC criminal intimidation Section 506(2) IPC Section 114 IPC bootlegging instigation mental harassment sister-in-law brother-in-law burn injuries criminal appeal conviction challenged