The Kerala High Court on Tuesday observed that just because a person has been held accused and punishable under Section 498A of the Indian Penal Code (IPC), does not automatically mean that he must also be held guilty of having abetted the commission of suicide by the woman concerned under Section 306 IPC.

The High Court was considering an appeal moved by a man and his mother, who were both implicated in the suicide of a woman due to alleged harassment in relation to dowry.They were charged under section 304B (dowry death), 306 (abetment of suicide) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

The Sessions Court convicted and sentenced them, prompting the instant appeal before the High Court.

The Court said, “Though, depending on the facts and circumstances of an individual case, subjecting a woman to cruelty may amount to an offence under Section 498A and may also, if a course of conduct amounting to cruelty is established leaving no other option for the woman except to commit suicide, amount to abetment to commit suicide. However, merely because an accused has been held liable to be punished under Section 498A, I.P.C, it does not follow that on the same evidence he must also and necessarily be held guilty of having abetted the commission of suicide by the woman concerned”.

The Court also noted that the offences of dowry death under Section 304b IPC and the offence of abetment of suicide under Section 306 IPC both involve placing a reverse burden to prove the guilt on the accused under Sections 113B and 113A of the Indian Evidence, Act.

In this regard the court gave an example of a reverse burden being cast upon the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 in Noor Aga v. State of Punjab and Anr.

The court found that the prosecution successfully established the following fundamental constituents for attracting the provisions of Section 304B against the husband:

Death of a woman should have occurred otherwise than under normal circumstances; within 7 years of her marriage; soon before her death she should have been subjected to cruelty or harassment by the accused; and in connection with any demand for dowry to presume that the accused has committed dowry death.

In the case of the mother, the court found that the prosecution had not succeeded in establishing that she had committed the offenses alleged and, therefore, acquitted her.

In case of the husband, the Court upheld the conviction and sentence imposed on him by the trial court.

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