Dinesh Maheshwari, J. - (1.) This appeal by special leave is directed against the judgment and order dated 05.05.2008 in Criminal Appeal No. 964-SB of 1997 whereby, the High Court of Punjab and Haryana at Chandigarh, while upholding the conviction of accused-appellants for the offence under Section 306 read with Section 34 of the Indian Penal Code ('IPC'), has modified the sentence of four years' rigorous imprisonment and fine of Rs. 300/- with default stipulation, as awarded by the Additional Sessions Judge, Rewari in Sessions Case No. 23 of 1997, to that of rigorous imprisonment for two and half years.
(2.) The relevant background aspects of the matter could be noticed, in brief, as follows: 2.1 The appellants Ude Singh, Manoj Kumar and Daulat Ram (accused Nos. 2 to 4) and one Hem Karan alias Hemla (accused No. 1- since deceased) were tried for the offence under Section 306/34 IPC on the allegations that they had abetted commission of suicide by the daughter of the complainant Pohap Singh (PW-1). The parties involved in this matter are closely related to each other. The accused Nos. 1 and 2 had been brothers and the complainant is their cousin. The accused Nos. 3 and 4 Manoj and Daulat Ram are the sons of accused No. 2 Ude Singh. The witness Smt. Krishna (PW-11) is the mother of deceased girl whereas another witness Jai Narain (PW-2) is also the cousin of the complainant and the accused Nos. 1 and 2. The parties lived in the same village Shahadatnagar (Haryana) and in the neighbourhood. However, the relations of parties were too strained and they were engaged in several litigations against each other, including the complaint relating to a hurt case, as lodged by PW-11 Smt. Krishna(wife of the present complainant) against Hem Karan alias Hemla and Ude Singh that was pending trial at the relevant time.2.2 The case of prosecution in the present matter has been that the accused persons, Hem Karan alias Hemla, Ude Singh, Manoj and Daulat Ram, were taunting the unmarried daughter (the deceased girl) of the complainant by addressing her as "wife", "Chachi" (aunt) and "Bohoria" (younger brother's wife); and the deceased girl had been complaining to her family about the indecent behaviour of the accused. It was alleged that on 15.04.1996, when the wife of complainant and other witnesses returned to the village after completing their evidence in the criminal case against Hem Karan and Ude Singh, Hem Karan caught hold of the daughter of the complainant; dragged her into his house; pushed her; and verbally abused her and her family members. On returning home, daughter of the complainant narrated this incident to her mother and stated that she was unable to tolerate such continuous insults. It was also alleged that on the advice of village elders, no report of this incident was made, as it concerned the future and honour of an unmarried girl; however, the accused persons continued to taunt the girl on daily basis and, at all the times, the girl was only advised by her family to keep quiet.2.3. It was further alleged that on 05.05.1996, on sighting the daughter of the complainant, who was returning after throwing garbage, Ude Singh said, "see my Bohoria is coming"; Daulat Ram and Manoj said, "she is our Chachi"; and Hem Karan alias Hemla exclaimed, "she is my wife". Having heard all these taunts, daughter of the complainant became very upset and entered into altercation with the men. This incident was allegedly witnessed by Jai Narain (PW-2). The victim girl once again complained to her mother and the complainant's elder brother Raj Kumar about the incident and while crying, stated that she had no right to live and would end her life as and when she would get the opportunity to do so. Upon hearing this, the wife and the elder brother of the complainant tried to pacify the girl and also told her that they would inform the complainant (who was posted as Head Constable at Police Station Beri, District Rohtak). They also advised her not to be troubled by such taunts as the prestige of the family was in her hands and she was to be married soon. However, the very next day, i.e., on 06.05.1996 at about 9:00 a.m., daughter of the complainant was found dead, hanging by her neck. Her mother was the first to see her dead. The complainant, who was on duty, was informed through his nephew about his daughter's demise.2.4. After noticing the unnatural death of his daughter, the complainant lodged the report and made his statement whereupon FIR No. 93 dated 06.05.1996 was registered at Police Station, Jatusana; investigation was carried out; and ultimately, the accused persons were charge-sheeted for the offence under Section 306 read with Section 34 IPC.
(3.) In trial, the prosecution examined several witnesses in support of its case that the accused persons were guilty of abetment of suicide by the daughter of the complainant. In view of the questions involved in this appeal, we may briefly take note of the statements of relevant witnesses, being PW-1 Pohap Singh (the complainant- father of the deceased); PW-2 Jai Narain (brother of the complainant); and PW-11 Smt. Krishna (wife of the complainant mother of the deceased). 3.1. PW-1 Pohap Singh stated that on a previous occasion, Hem Karan and others had assaulted his wife and criminal proceedings were pending in that regard. He also narrated about the incidents that had allegedly taken place on 15.04.1996 and on 05.05.1996. In his cross-examination, the complainant admitted the relationship of parties; and also admitted that his deceased daughter, 18 years of age, could not qualify her 10th standard examination and had dropped her studies. The complainant PW-1 stated further that he was aware of the insults his daughter had faced at the hands of accused; that he had not witnessed the incident in question himself but was made aware of the same by his wife, his brother and Jai Narain; and that his nephew Naresh had informed him about the demise of his daughter. In his cross-examination, the complainant further stated that no panchayat was ever convened to resolve the issue of harassment of his daughter as it was believed that such a step would eventually affect the marriage prospects of the girl. The complainant also admitted a previous land dispute with the accused that had commenced in the year 1988 and was ultimately compromised. He also admitted that a case was registered by Hem Karan under Section 307 IPC against him wherein his brother Raj Kumar and the witness Jai Narain were also named as accused.3.2. PW-2 Jai Narain testified to the occurance of 05.05.1996 as also the conduct and behaviour of the accused persons. This witness specifically stated that he was standing at a plot with Ram Kumar and Virender when daughter of the complainant came there to throw garbage and when she was going back, the utterances were made by the accused with Hem Karan calling her as his wife; Ude Singh calling her as Bohoria and Daulat and Manoj calling her as Chachi. This witness also stated that the daughter of the complainant started crying and also rebuked the accused for their behaviour; and that she was consoled by him and other persons and they walked down with her to the house and left her there. Even while disputing some part of his statement made during investigation, this witness stated that: "All the four accused are rouges and as such we could not dare to rebuff or rebuke them for their indecent behaviour. It is incorrect that all the four accused are decent person." 3.3. PW-11 Krishna, wife of the complainant and mother of the deceased girl stated that even during the pendency of land dispute between the parties, the deceased was teased by the accused and she was taunted with the expressions like "Chachi" and "Bohoria" etc.; that even during that time, none of the elders of the panchayat controlled the behaviour of the accused; and that the accused were eve-teasers and might have victimised other girls of the village as well. She also deposed that she had brought the repeated indecent behaviour with her daughter to the notice of the wives of the accused persons.3.3.1. PW-11 further deposed that 3 years prior to the incident, Hem Karan had inflicted head injury on her by using a gandasa and that he was facing trial before the Court of Judicial Magistrate, Rewari and, therefore, her daughter was targeted regularly by the accused persons. She also deposed that on the date of evidence in the hurt case i.e., on 15.04.1996, Hem Karan dragged her daughter into his house and insulted her but, in order to protect the honour of unmarried girl, the male members of the family were against reporting the matter to the police.3.3.2. PW-11 also deposed that on 05.05.1996, when her daughter had gone to throw garbage, she was intercepted by the accused and was again teased by all of them. PW-11 stated that her daughter was exhausted and disgusted of all the taunts and remarks she had to bear; and throughout the night, she kept on weeping and did not have even a wink of sleep. The witness deposed that on 06.05.1996, that is the very next day, her daughter ended her life by hanging as a result of continuous indecent behaviour of accused towards her; and she was the one who found her daughter hanging by the neck. PW-11 also stated that her daughter was previously engaged but the engagement was called off six months before the incident.3.3.3. For their relevance, the material parts of the deposition of PW-11 are extracted as under:" On 5.5.96 Meena had gone to dung garbage on a Kurhi in the plot at about 5.30 p.m. As she returned from the plot, she was intercepted by accused Hem Karan, Daulat, Manoj and Udey Singh. Daulat and Manoj teased her by addressing her as 'Chachi'. Uday Singh accused addressed her as 'Bohoria' (younger brother's wife). Accused Hemla alias Hem Karan addressed her as 'wife'. She then returned to her house and wept bitterly in my presence. She told me that Virender, Jai Narain and Ram Kumar had seen he untoward behavior of all the accused. Meena had told me that she was totally exhausted and disgusted from all the tautns and remarks given occasionally to her by the accused and that she would end her life.On 6.5.96 my daughter ended her life by hanging as a result of the continuous indecent behavior of the accused towards her ."xxx Cross-examination" Approximately 8/9 years back there was dispute in regards to landed property between our family and the accused. However, it was settled. Even during that land dispute, the accused used to tease and taunt her. They used to address Meena in these very words like Chachi and Bohdia etc. even then. It had become an every day affair with the accused. The entire village community knew about the indecent utterances towards Meena. We always tried to overlook the matter as the honour of an unmarried girl was involved. No elected member of the panchayat of the village or any other respectable of the society rebuked the accused against their behavior as they are all anti-social elements and no respectable wants to take cudgels with them. I would not know if more cases are pending against the accused other than the two cases involving us. Volunteered they are eve-teasers and have borrowed money from different people and quite possible that they have many more cases pertaining to these occurrence pending with the police or in the courts but I have no definite information. I would not know the names of the girls or their parents who have been the targets of the behavior of the accused. May be they are involving the teasing of 10/11 girls in the village. We may have told the police about those incidents.It is incorrect that I am deposing falsely against the accused or that they have never been involved in any illegal activity in the village.The accused and my husband are cousins. The wives of Hem Karan and Uday are my 'Jethani and Devrani' (Sisters-in-law). I had complained to those ladies about the misbehavior of the accused. I had complained to them repeatedly. I would not know the result of my complaints to them. Our men folk had also brought the incident to the notice of our neighbours and Mohalla-wala.My daughter had told me that she would end her life as she was fed up of the in decent behavior of the accused towards her and also because of our inaction against them. She wanted us to report the matter to the police for action against the accused."xxx xxx xxx"My daughter had returned home all alone after the dragging incident on 5.5.96. It is incorrect that accused Manoj and Daulat was not present in the village on 5.5.96 or that they were in the native village of their maternal uncle called Jainabad. I had not sent any person to call my husband after Meena narrated all the happenings of 5.5.96 to me. Meena had slept besides me on that night. She kept on weeping throughout the night and did not have a pill of sleep. In the morning at about 8.00 a.m. I had given her a piece of bread (Roti) and a cup of tea. I had then gone to place fodder before the bullocks. Even at that time she was mentally disturbed. I returned to the house after just 10 minutes and found Meena hanging by rope. I had gone at about 9.00 a.m. to look after the bullock and had returned in 10 minutes time. I had not gone to the fields (Khet) on the day but I had gone to the plot in the Abadi where the bullocks were tied. I had risen on that day at about 6.00 a.m. It is incorrect that the entire story is a pure concoction with nothing true in it. It is incorrect that my daughter had ended her life or she was killed by my man on the night intervening 5/6 May, 1996. It is also incorrect that my daughter may have died even at about 4.20 p.m. on 5.5.96. It is incorrect that a totally false story was coined by my husband Pohap Singh, a police man, and all the accused were falsely implicated in this case.";