Narendra Kumar Pandey Vs State of Orissa

Section 306 of I.P.C. On that count, the A1 has been sentenced to undergo R.I. for two and a half years and the A2 has been sentenced to undergo R.I. for three years for the offence under Section 306 of I.P.C. and R.I. for two years for the offence under Section 498-A of I.P.C.

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2. Heard Mr. D.P. Dhal, learned Senior Counsel appearing for the appellants and Mr. Ashok Kumar Apat, learned Additional Government Advocate for the State.

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3. During pendency of the present appeal, the appellant no.2- Dulari Pandey has expired on 01.05.2014. Therefore, vide order dated 09.12.2025, the appeal qua the deceased-appellant No.2 stood abated in the absence of any application under Section 394 Cr.P.C. moved by his legal heirs or next friend. Accordingly, consideration of the present appeal is confined to the appellant No.1-Narendra Kumar Pandey only.

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4. The prosecution case, in brief, is that accused Rambilash Pandey, a retired employee of the Rourkela Steel Plant, resided along with his wife A2(Dulari) and their only son A1(Narendra) in a quarter allotted by

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the Plant at Sector-6, Rourkela. After Rambilash Pandey took voluntary retirement in the year 1988, his son Narendra was absorbed in the Plant as a helper and the family continued to reside in the said quarter. The deceased Anita, aged about 21 years at the time of her death, was married to the accused Narendra on 20.06.1990. Her parental home was in the village of Chakulia, in the district of Singhbhum, Bihar. During the period of her studies, she resided at Tata with her paternal uncle, who was an employee there. While she was continuing her studies at Tata, the marriage proposal came from the Pandey family through the accused Mewalal, who acted as the mediator.

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It is the case of the prosecution that during the course of marriage negotiations, there was a demand from the side of the accused for dowry in the form of heavy cash and a two-wheeler, in addition to the customary dowry articles such as ornaments, clothes, furniture and utensils. The demand for cash was met, and the cost of the two-wheeler was also paid in advance. Further, even on the date of marriage, an additional sum of Rs. 9,000/- was demanded and paid by the father of the deceased to the accused Rambilash Pandey. On all such occasions of

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demand and payment, accused Mewalal is alleged to have acted as the intermediary.

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After the solemnization of marriage, in accordance with the prevailing caste custom, the bridegroom returned to his parental home, leaving the bride at her parental house. Subsequently, in February 1991, the deceased was sent to her matrimonial home at Rourkela along with customary dowry articles including ornaments, clothes, furniture and utensils. She resided there with her husband and her parents-in-law. However, according to the prosecution, her marital life soon turned unhappy, as she was subjected to ill-treatment and cruelty by her inlaws, who allegedly made further demands for money.

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It is further alleged that the deceased wrote letters to her family from time to time describing her suffering and harassment, while at the same time attempting to console them by stating that she was destined to endure such hardships. In one such letter, she specifically mentioned a demand of Rs. 8,000/- made by her father-in-law. On one occasion, accused Narendra came to the house of the deceased’s father along with

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the deceased, where she narrated before her parents the ill-treatment and cruelty meted out to her by her in-laws. It is also alleged that the accused Narendra, admitted the same. Leaving the deceased at her parental home, the accused Narendra returned alone. After about one and a half months, he again took her back to Rourkela. Though the deceased expressed her reluctance to return to her matrimonial home, apprehending further torture and even danger to her life, she ultimately accompanied her husband after being persuaded by her mother.

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The prosecution alleged that even thereafter, the ill-treatment and cruelty continued. On the morning of 24.09.1991, A2 (Dulari Pandey) stated to have subjected the deceased to severe harassment. In the afternoon of the same day, during the absence of her husband, the deceased committed suicide by hanging herself from the ceiling fan in her bedroom. By about 5.00 to 5.30 p.m., the news of the incident spread in the neighbourhood, and the body was immediately shifted to the Ispat General Hospital, where the doctor on duty in the Casualty

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Department declared her dead and sent a casualty memo to the police station.

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Upon receipt of the information, the I.I.C. of the concerned Police Station registered a case of unnatural death and, during the course of the enquiry, came to know of the background circumstances leading to the death of the deceased. On the basis of such information, a regular F.I.R.

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was lodged. After completion of investigation, a charge-sheet was submitted against the present accused persons as well as the sister of the accused Narendra. Since the said lady accused was absconding, the case against her was split up.

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5. Out of sixteen witnesses examined by the prosecution, P.W.1 was the doctor of Ispat General Hospital, who proved that Anita (the deceased) was brought dead on 24.09.1991 and issued the casualty memo (Ext.1). P.Ws.3 and 14 were the doctors who conducted the postmortem, proved the post-mortem report (Ext.4), opining that death was

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due to asphyxia by hanging and that the deceased was about five months pregnant.

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P.Ws.2 and 10 were seizure witnesses in respect of dowry articles

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and certain letters. P.Ws.4, 5 and 8 were the neighbours of the accused,

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who spoke about quarrels, ill-treatment and the circumstances immediately preceding the death. P.Ws.6, 9, 12 and 15 did not support the prosecution case. P.W.7, a police constable, deposed regarding the escort and preservation of the dead body. P.W.11, the father of the deceased, supported the prosecution case and proved the handwriting of the deceased on the letters marked as exhibits. P.W.13, an Executive Magistrate, was present at the time of the inquest. P.W.16 was the Investigating Officer, who initially enquired into the unnatural death and thereafter conducted the investigation.

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On the side of the defence, accused Rambilash Pandey examined himself as D.W.1. D.W.2, an official of the local branch of Punjab National Bank, deposed that on an application dated 19.12.1990, a loan of Rs.16,400/- was advanced to appellant No.1 for purchase of a scooter.

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6. Although, initially four accused persons were charged for the offence under Sections 4 of the D.P. Act as well as Section 306/498A

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/304-B/34 of I.P.C., however, the learned trial Court by taking into account the entire evidence brought on record by the prosecution, while acquitting the accused Mewalal (the uncle of the deceased) and Rambilash Pandey (the father-in-law of the deceased) of all the charges, inter alia observed as under:-

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“34. As regards accused Rambilash, it should be briefly observed that the role played by this accused is not clear and so he should not be held guilty of the offences punishable U/Ss.498-A and 306 I.P.C.

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35. In the result, I do not find the accused Mewalal guilty of the charge U/S.4 of the Dowry Prohibition Act against him and I do not find accused Rambilash guilty of any of the charges against him. Accordingly, I acquit them U/S.235(1) Cr.P.C.”

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Similarly, the learned trial Court by relying upon the same set of evidence brought on record by the prosecution found the present appellants guilty of offence under Section 306 of I.P.C. Additionally, convicting the A2 for offence under Section 498-A of I.P.C., acquitting them for the offence under Sections 4 of the D.P. Act read with Section

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304-B of I.P.C. Relevant part of the impugned judgment is reproduced

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hereunder for convenience of ready reference:-

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“30. What is the conduct of the husband? The letters indicate that it is the mother-in-law who had been mainly subjecting the deceased to the ill-treatment and cruelty, constantly, in its worst form. Necessarily one would be inclined to ask whether the husband was not providing any protection against such ill treatment and cruelty and whether he had been a party to it tacitly. For an answer to this question one may refer to Ext. 11 and the last letter, marked Ext. 17. It may be repeated that, as disclosed by the deceased in Ext. 11, her husband would very badly behave with her, if she would not be able to perform the domestic chores. In Ext. 17 the deceased had categorically mentioned that if she would speak to her husband about the ill-treatment meted out to her, instead of comforting her, he would simply say that the nature of his parents was like that. Towards the end of Ext.17, she further wrote as follows:-

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“My husband says that I should tolerate everything and continue like this in the house of my in-laws.”

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The conduct of the husband is very obvious. Though he had not been directly subjecting the deceased to the extreme form of cruelty and illtreatment, he nevertheless did nothing to confort her, much less to protect her. During the absence of father-in-law and mother-in-law, when the

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deceased thought of getting some peace, the husband misbehaved with her badly, if and when she would not be able to discharge the domestic duties, even on account of weakness and physical incapacity.

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31. The letters are proved by the father of the deceased, to have been written by the deceased in her own hand-writing and the same contained her statements as to the circumstances of the transactions which resulted in her suicidal death. The letters are undisputedly relevant U/S.32 (1) of the Evidence Act.

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32. The facts and conduct revealed in the evidence of P.Ws.5 and 4, discussed in preceeding para Nos.20 and 21, and the evidence of P.W.11 regarding complain made by the deceased before him and others of his family, when she went to his house, regarding illtreatment and cruelty meted out to her, provide adequate corroboration and support regarding truth of the statements made by the deceased in her letters. Undoubtedly, it is the mother-in-law who had been mainly and actively subjecting the deceased to constant ill-treatment and cruelty, which may be categorized even as torture, both mental and physical.

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33. The marriage between the deceased and accused Narendra took place on 20.6.90 and after remaining in her father's house for a few months, in pursuance of the custom prevailing in her community, she was sent to her in-law's house in February 1991. Hardly seven months there-after she died and the death is said to be

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suicidal hanging. It is absolutely certain from the facts and circumstances of the case that the deceased committed suicide on account of cruelty and torture constantly meted out to her and on account of frustration for which the mother-inlaw as well as the husband are solely responsible. In the decision in Satya Prakash Lal Vrs. State of Bihar, June 92 (Part VI) CRIMES, Page 462, the facts of which are similar to some extent to the facts of this case it has been observed as follows in para-13 of the connected judgment :

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“The word „abetment‟ has been defined under section 107 of the I.P.C. which has given various ways in which abetment can be committed which indicates that one who instigates other by his act, should also be said to have committed an act of abetment, In this case by cruel behaviour and the manner in which they used to torture and pass taunting remark against the lady have been fully described in the letters and these letters and evidence are sufficient to prove that these three appellants are directly responsible for creating such a situation leading to suicide by the lady.”

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Both the mother-in-law and husband would come under the category of abetors. It must be said that the husband also abeted the suicide through his tacit consent and conduct reflected in preceeding para no.30. Section 113-A of the Evidence Act comes into picture and the husband has not been able to discharge the presumption arising under

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this provision. So like the mother-in-law, he is also an abetor.

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35. xxxxx xxxxx xxxx

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I do not find accused Dulari Pandey guilty U/Ss.4 of the Dowry Prohibition Act and Section 304-B of the I.P.C. and I acquit her in respect of the charge for these offences U/S.235(1) Cr.P.C.

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Similarly, I do not find accused Narendra Kumar Pandey guilty of the offences punishable U/Ss.4 of the Dowry Prohibition Act and 304-B and 498A I.P.C. and I acquit him in respect of the charge for these offences U/S.235(1) Cr.P.C.

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I find accused Dulari Pandey guilty U/Ss. 498-A and 306 I.P.C. and I convict her thereunder. Similarly, I find accused Narendra Kumar Pandey guilty U/S.306 I.P.C. only and I convict him thereunder.”

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7. Being aggrieved by the findings as recorded above, leading to the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Rourkela, the present appeal has been preferred by the appellants. However, qua the appellant No.1 along, this appeal has been put to examination of evidence.

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8. Mr. Dhal, learned counsel for the appellants assailed the impugned judgment primarily on the ground that the essential ingredients of the

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offence under Section 306 IPC are conspicuously absent in the present case and that the learned trial Court has erred in law in drawing an inference of abetment merely on the basis of allegations of cruelty and harassment, without there being any positive act of instigation, aiding or intentional causing encouragement to drive the deceased to commit suicide. He also referenced several judgments to support his argument.

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9. Before adverting to the factual matrix, it is appropriate to notice the settled legal position governing the offence of abetment of suicide. In Kamalakar v. State of Karnataka , reported in 2023 SCC Online SC 1458 , the Hon’ble Supreme Court, while reiterating the principles laid down in M. Mohan v. State of T.N. , reported in (2011) 3 SCC 626 held that mere harassment or ordinary domestic discord, howsoever reprehensible, would not by itself constitute “abetment” within the meaning of Section 107 IPC unless there is clear mens rea and a proximate, live link between the conduct of the accused and the act of suicide. The Supreme Court has explained that abetment involves a mental process of instigating or intentionally aiding the commission of suicide and that, in the absence of a positive act on the part of the

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accused, conviction under Section 306 IPC cannot be sustained. The relevant portion of the aforesaid judgment is extracted herein below for ready reference:-

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“The essentials of Section 306 IPC were elucidated by this Court in M. Mohan v. State of T.N. (2011) 3 SCC 626, as under:

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“43. This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) [(2009) 16 SCC 605 : (2010) 3 SCC (Cri) 367] had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the word “instigation” and “goading”. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidality pattern is different from the others. Each person has his own idea of selfesteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances. 44. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

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45. The intention of the legislature and the ratio of the cases decided by this Court are clear that in order to convict a person under Section 306 IPC

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there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.”

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10. Based on the above principles, the evidence on record, even if

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taken at its highest, does not satisfy the statutory requirements of Section 306 IPC. The letters relied upon by the prosecution, namely Exts.10, 15, 18 and 19, no doubt disclose that the deceased was subjected to considerable mental distress and unhappiness in her matrimonial home, particularly at the hands of her mother-in-law. They contain graphic descriptions of excessive domestic work, taunts and nagging. However, a careful reading of these letters also reveals that the deceased herself repeatedly exonerated her husband and father-in-law, describing them as persons of “good nature”, and expressly stating that she declined to write letters demanding money at the behest of her father-in-law. The aforesaid part of the impugned judgement in that regard is relevant, which is reproduced herein for ready reference:-

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“25. Ext.19 is the other letter written on the very same day by the deceased and addressed to the

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wife of her brother. Here she wrote that she was in loss of words to describe the behaviour and dealings shown to her by her mother-in-law and both the sisters of her husband, that right from the first day of her arrival they have been badly behaving with her and had taken away peace from her mind, so much so that she felt like ending her life and that they had been quarrelling with her every time and telling taunting words to her. She further wrote that all the domestic chores, including cooking, washing utensils, grinding spices manually have been thrust on her, that she had been compulsorily getting up at 4.00 A.M. in every morning to begin cooking, that she had not been getting any leasure till 12.00 P.M. in the night and that only by ending life, she could escape from the situation. It has been further mentioned in this letter that her father-in-law once asked her to write a letter to her father asking him to pay Rs.8,000/- but she did not agree to write like this. However, in both the letters the deceased mentioned that her husband and father-in-law were persons of good nature.”

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11. A close and conjoint reading of Exts.10, 18 and 15 unmistakably

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demonstrates that the deceased consistently attributed her mental distress and daily harassment to the conduct of her mother-in-law and not to any act of instigation or encouragement on the part of her husband. In Ext.10,

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written shortly after she first came to her matrimonial home, the deceased narrated the excessive domestic workload, taunts and nagging

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inflicted upon her from the very first day of her arrival and expressed a sense of emotional entrapment; however, even therein she consciously refrained from imputing any role to her husband in driving her to contemplate suicide. Ext.18, an inland letter dated 02.04.1991 addressed to her mother, is particularly significant, as the deceased categorically stated that the harassment would commence daily only after her husband left for his duty, thereby clearly indicating his absence from the scene and negativing any inference of active or tacit participation on his part. The entire tenor of the letter reflects that the alleged cruelty was confined to the acts of the mother-in-law during the husband’s absence. Similarly, Ext.15 reveals domestic discrimination practised by the mother-in-law in matters of food and daily living, and even where the husband attempted to show kindness by giving something to the deceased, the mother-in-law would scold him for the same. Taken together, these letters, though indicative of an unhappy matrimonial environment, do not disclose any positive act, instigation or intentional aiding by the husband which could constitute abetment of suicide.

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12. Significantly, while the deceased expressed feelings of suffocation and despair, and even alluded to the thought that death might be an escape, none of the letters attributes any act of instigation, exhortation or encouragement to commit suicide by the present appellant. The expressions used therein reflect her subjective emotional state and frustration rather than any deliberate or intentional conduct on the part of the accused calculated to provoke her to end her life.

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13. So far as the accused Narendra, the husband, is concerned, the finding of the learned trial Court that he “tacitly consented” to the cruelty and thereby abetted the suicide cannot be sustained in law due to lack of credible evidence. Tacit disapproval, silence or failure to effectively intervene in matrimonial discord, without more, does not amount to instigation or intentional aiding as contemplated under Section 107 IPC. The evidence, including the deceased’s own letters, does not disclose any positive act or conduct of the husband proximate to the death which can be said to have driven the deceased to commit suicide.

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14. The presumption under Section 113-A of the Evidence Act, though available in cases of suicide by a married woman within seven years of marriage, is a discretionary presumption. In the facts of the present case, having regard to the contents of the letters, the absence of

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any direct or indirect instigation, and the deceased’s own acknowledgements regarding the conduct of her husband and father-inlaw, the said presumption stands sufficiently rebutted.

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15. In Kamalakar v. State of Karnataka (supra) , the Honorable Supreme Court emphasized that courts must guard against the tendency to hold every husband or in-law criminally liable for suicide merely because the deceased was unhappy or harassed. Criminal culpability under Section 306 IPC arises only when the accused’s conduct is such that it can reasonably be said to have compelled or coerced the deceased into taking the extreme step.

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16. Applying the aforesaid principles, this Court is of the considered view that the learned trial Court fell into error in law in convicting the appellant under Section 306 IPC by stretching the concept of abetment

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beyond its permissible limits. The evidence on record does not disclose the essential ingredients of instigation, intentional aid or active participation in the commission of suicide.

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17. Accordingly, the conviction of the appellant no.1 under Section 306 IPC cannot be sustained and is hereby set aside. The appellant No.1

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is acquitted of the said charge. Bail bond, if any, stands discharged.

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18. The Criminal Appeal is allowed and disposed of.

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The High Court of Orissa, Cuttack.

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Dated 23^rd December, 2025/ Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2026 10:41:00

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Narendra Kumar Pandey v. State of Orissa

Case brief

What is this about?

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Narendra Kumar Pandey v. State of Orissa

Case brief

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