(2010)DMC659SC, JT2010(11)SC32, RLW2010(4)SC3757, 2010(10)SCALE557, (2010)10SCC353, 2010(3)UC1889

It is only in extreme circumstances that a woman may decide to take her life and that of her unborn child when she reaches a point of no return and is in a mental state to take her own life. In the instant case, there is no reason to disbelieve either P.W.9, Naib Tahsildar and Executive Magistrate, or P.W.11, who attended to the victim in the hospital. [Para 18] [722-d-f] 1.2. A dying declaration has to be treated with caution, since the accused does not get a chance to cross-examine the victim. In this case, however, there is no ambiguity or irregularity as far as the dying declaration is concerned and it has been stated in clear and simple language that the victim had been treated with both mental and physical cruelty and the victim has stated quite candidly how she poured kerosene on her body and set herself on fire. The evidence of P.W.13, the younger brother of the deceased, corroborates the story of the prosecution as to the manner in which deceased was treated by the petitioner, which triggered her immediate intention to commit suicide which was the culminating point of ill- treatment meted out to her by the petitioner and his mother. [Para 18] [722-H; 723-A-B] 1.3. The element of instigation as understood within the meaning of Section 107 IPC is duly satisfied in this case in view of the provisions of Section 113-A of the Indian Evidence Act, 1872, which provides for a presumption to be arrived at egarding abetment of suicide by a married woman and certain criteria are also laid down therein.