The Kerala High Court has said that being found guilty under Section 498A of the Indian Penal Code (IPC) does not automatically mean that a person is also guilty under Section 306 IPC, which deals with abetment of suicide.
This observation came during a case where a man and his mother were convicted in a dowry-related suicide case. They were charged under Sections 304B (dowry death), 306 (abetment of suicide), and 34 (common intention) of the IPC. The trial court had convicted both, prompting them to file an appeal in the High Court.
The High Court noted that while cruelty under Section 498A IPC may, in some cases, lead to a suicide that can attract Section 306 IPC, both charges cannot be applied automatically on the same evidence. The court explained that a detailed examination is needed to determine if the cruelty directly pushed the woman to take her own life.
The Court emphasized:
“Just because someone is punished under Section 498A IPC does not mean they are automatically guilty under Section 306 IPC unless there is clear proof that the cruelty led directly to suicide.”
It also explained that Section 304B (dowry death) and Section 306 IPC (abetment of suicide) involve a reverse burden of proof, meaning the accused must prove their innocence if certain conditions are met, as per Sections 113B and 113A of the Indian Evidence Act.
To illustrate the reverse burden concept, the court referred to the Noor Aga v. State of Punjab case under the NDPS Act, where the accused had to prove his innocence once certain facts were shown by the prosecution.
In this particular case:
- The court upheld the conviction of the husband, as the prosecution proved:
- The woman died in unnatural circumstances,
- Within 7 years of marriage,
- She was harassed for dowry just before her death.
- However, the mother was acquitted, as there was no clear evidence against her regarding the charges.
This judgment came in the case of Ajaykumar vs State of Kerala.
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