Justice Rajesh Bindal, Justice Manmohan, Supreme Court
Supreme Court Upholds Acquittal Of Husband In Suicide Abetment Case; Takes Note Of Report Suggesting Gas Leak
|The Supreme Court was considering an appeal challenging the order passed in a revision petition filed by the complainant, whereby the High Court had set aside the order acquitting the accused.
The Supreme Court has upheld the acquittal of a man accused of abetting his wife’s suicide and booked under the provisions of Sections 498A and 306 of the Indian Penal Code. The Apex Court took note of the scientific report, which suggested that the cylinder and gas stove were kept inside the bedroom, and as a result of the fire, the entire family suffered injuries.
The Apex Court was considering an appeal challenging the order passed in a revision petition filed by the complainant, whereby the High Court had set aside the order acquitting the appellants/accused and remitted the matter back to the Trial Court for fresh consideration.
The Division Bench of Justice Rajesh Bindal and Justice Manmohan noted, “As is evident from the scientific report dated 20.06.2005, available on record as Annexure P-2, the cylinder and gas stove were kept inside the bedroom and as a result of fire, the entire family suffered injuries. The deceased being closest suffered highest burn injuries.”
Senior Advocate Sirajudeen represented the Appellant, while AOR Sabarish Subramanian represented the Respondent.
Factual Background
A First Information Report was registered against the appellants/accused and a charge-sheet was filed. The first appellant accused was charged for the offences punishable under Sections 498A and 306 of the Indian Penal Code, whereas the second appellant was charged for the offences punishable under Sections 498A and 109 read with Section 306 of the IPC. The Trial Court, while considering the entire evidence led by the prosecution and the stand taken by the defence, opined that the accused were not guilty of the charges framed against them.
The High Court, while setting aside the acquittal of the appellants, had observed that the deceased had given a dying declaration before the doctor. However, without marking the same, the Trial Court acquitted the appellants/accused. The matter was remitted back for consideration of the dying declaration, thereby setting aside the acquittal.
Reasoning
The Bench noted that in the dying declaration it was stated that the deceased, her children and husband sustained burn injuries in the fire incident, which happened in the early morning on June 14, 2005. It was mentioned that the fire broke out as the gas regulator was not properly closed. As per the Bench, from the dying declaration, nothing could be inferred to suggest that the deceased raised any accusation against her husband, as was sought to be suggested by the respondent.
Reference was also made to a scientific report wherein it was mentioned that the cylinder and gas stove were kept inside the bedroom,and as a result of fire, the entire family suffered injuries. The deceased who was closest suffered the highest burn injuries.
Thus, finding no merit in the present appeal, the Bench set aside the impugned order and upheld the acquittal of the appellants.
Cause Title: XYZ v. The State of Tamil Nadu & Anr. (Neutral Citation: 2025 INSC 970)
Appearance
Appellant: Senior Advocate Sirajudeen, AOR H. Chandra Sekhar
Respondent: AOR Sabarish Subramanian, Advocates Poornachandiran R, Vishnu Unnikrishnan, Danish Saifi, AOR S. Ramamani