Facts of the Case
- Sumitra was married 10 years ago.
- She was found dead by hanging from a ceiling fan in her matrimonial home.
- During police investigation, bodily injuries were detected on her dead body.
- The presence of injuries raises suspicion that the death may not be a simple suicide.
- The question arises whether the death constitutes abetment of suicide, murder, cruelty-related offence, or dowry death.
Issues in the Case
- Whether the death by hanging, along with bodily injuries, amounts to a suspicious death requiring mandatory investigation?
- Whether Sumitra’s death falls under:
- Section 302 IPC – Murder,
- Section 306 IPC – Abetment of suicide, or
- Section 498A + Section 304B IPC – Cruelty and Dowry Death?
- Whether the husband and in-laws can be held liable based on injuries and circumstances of death?
- Under which provision should the police register the case initially?
- What punishment applies if the offence is proved?
Legal Principles Covered to Support Case & Judgement
A. Section 174(3) CrPC – Mandatory Inquest in Case of Married Woman’s Death
When a woman dies within 7 years of marriage, an Executive or Judicial Magistrate must conduct an inquest.
In this case, though the death occurred after 10 years, the presence of injuries still makes the death suspicious, requiring:
- Police inquest under Sec. 174 CrPC
- Post-mortem
- Detailed investigation
B. Section 304B IPC – Dowry Death (Not Applicable Here Due to 10-Year Marriage)
Conditions for dowry death:
- Woman dies within 7 years of marriage
- Death caused by burns, injury, or abnormal circumstances
- Cruelty for dowry “soon before death”
Here, marriage was 10 years ago, so Section 304B IPC normally does not apply, unless prosecution shows continuing dowry-related cruelty.
C. Section 498A IPC – Cruelty by Husband or Relatives
If injuries suggest harassment, assault, or cruelty, Section 498A applies.
Cruelty includes:
- Physical harassment
- Mental cruelty
- Demands for dowry
- Any willful conduct likely to drive wife to commit suicide
Bodily injuries are a strong indicator of cruelty.
D. Section 306 IPC – Abetment of Suicide
If death is concluded as suicide but caused due to cruelty, threats, harassment, then Section 306 applies.
Requirements:
- Suicide
- Abetment (instigation/aid/conspiracy) by husband/in-laws
- Presence of injuries supports cruelty and possible instigation
E. Section 302 IPC – Murder
If injuries are severe or indicate violence before death:
- It may amount to murder, not suicide.
- Hanging may be staged to look like suicide.
The medical report determines whether:
- Injuries occurred before death (ante-mortem),
- There are signs of strangulation,
- Hanging was fabricated.
In such cases, an FIR under Section 302 IPC must be registered.
F. Burden of Proof
- For murder → Prosecution must prove intentional killing.
- For abetment → Cruelty + instigation must be shown.
- For 498A → Bodily injuries and harassment are strong evidence.
Possible Judgment
A. Offence Made Out
Based on:
- Death by hanging,
- Bodily injuries found on the dead body,
- Suspicious circumstances,
The appropriate legal position is:
Police must register a case under Section 302 IPC (Murder), or at minimum, Section 306 IPC (Abetment of Suicide), along with Section 498A IPC for cruelty.
Because injuries indicate violence or assault prior to death, the presumption leans toward homicide or forced suicide.
B. Sections to be Registered
Depending on medical findings:
1. If injuries suggest homicide → Section 302 IPC
- Offence: Murder
- Punishment: Death penalty or life imprisonment, plus fine.
2. If injuries + harassment indicate suicide → Section 306 IPC
- Offence: Abetment of Suicide
- Punishment: Up to 10 years imprisonment + fine
3. If cruelty is proven → Section 498A IPC
- Offence: Cruelty by Husband or Relatives
- Punishment: Up to 3 years imprisonment + fine
4. Additional procedural action
- Mandatory post-mortem
- Detailed forensic examination
- Investigating the husband’s and in-laws’ conduct
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