Penal Code, 1860 – ss.306, 107, 417 – When asked by the deceased, the appellant refused to marry her – Deceased committed suicide – On facts, whether the appellant, instigated or provoked the deceased to commit suicide:
Held: No – Dying declaration of the deceased indicates that it was the deceased who was in love with the appellant and wanted to marry him – There was no evidence to prove any physical relationship between the two, promise to marry on the part of the appellant or that he was instrumental in instigating the deceased to consume poison or to commit suicide – When the appellant had left the village, it was the deceased who searched about him, traced him out and went after him – She called him and when they met, he refused to marry her and as her sentiments were hurt, she consumed poison – No evidence to prove that the appellant instigated or provoked the deceased to kill herself, rather the deceased herself carried poison in a bottle with a predetermined mind to positively get an affirmation from the appellant to marry her, failing which she would commit suicide – To convict a person for abetment of suicide u/s.306, there has to be a clear mens rea on the part of the accused to abet such a crime with an active or a direct act leading to the commission of suicide – On being asked by the deceased, the appellant had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide – No guilty intention or mens rea on part of the appellant established – Judgment of the High Court set aside – Appellant acquitted. [Paras 16, 17, 23, 30, 31] Penal Code, 1860 – s.306 – Abetment of suicide – In cases of marital discords – No offence u/s.306, unless guilty intention established:
Held: Discord and differences in domestic life are quite common in society and the commission of offence of suicide largely depends upon the mental state of the victim – Until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence u/s.306. [Para 25] Words and Phrases – “abetment”; “instigation” – Penal Code, 1860 – ss.306, 107 – Abetment of suicide – Abetment of a thing – Discussed. [Paras 21, 22, 23, 24, 26]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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