The Supreme Court quashed the charges under Section 306 IPC against the appellant, observing that mere disapproval of a relationship or casual remarks do not constitute abetment of suicide. The Court reiterated the necessity for clear, proximate, and direct instigation with mens rea to sustain such charges.

Acts and Sections Discussed:

• Indian Penal Code (IPC):
  • Section 306: Abetment of Suicide
  • Section 107: Definition of Abetment
• Code of Criminal Procedure, 1973 (CrPC):
  • Section 227: Discharge of Accused

Ratio Decidendi:

1. Definition of Abetment (Sections 306 & 107 IPC):
   The Court emphasized that abetment requires (i) direct or indirect instigation, (ii) close proximity to the act of suicide, and (iii) a clear mens rea.

2. Evidence Requirements:
   There must be active involvement or positive action by the accused that directly contributes to the suicide.

3. Casual Remarks Not Sufficient:
   A remark made in a fit of anger or casual disapproval does not meet the threshold for instigation under Section 306 IPC.

Background:

1. Appellant and Parties Involved (Para 2.1):
   Laxmi Das, mother of Babu Das (Accused No. 1), was charged with abetment of suicide under Section 306 IPC, alongside other family members.

2. Incident and Allegations (Para 2.2–2.3):

   • The deceased, Souma Pal, was found dead near a railway track in 2008.
   • FIR alleged that the appellant and her family disapproved of the deceased’s relationship with Babu Das.
   • Witnesses claimed altercations occurred, and insulting remarks were made by the appellant.

Procedural History

3. Charges and High Court’s Order (Para 3):
   • Trial Court rejected discharge applications under Section 227 CrPC.
   • High Court quashed charges against Dilip Das and Subrata Das but upheld charges against Laxmi Das.

Supreme Court's Observations:

4. Analysis of Evidence (Para 13–14):

   • No direct or indirect instigation by the appellant.
   • Alleged remarks were casual and insufficient to establish abetment.

5. Judicial Precedents (Para 9–12):

   • Rohini Sudarshan Gangurde v. State of Maharashtra: Abetment requires active involvement.
   • Pawan Kumar v. State of Himachal Pradesh: Mere harassment or casual remarks do not amount to abetment.

Final Verdict:

6. Decision (Para 15–16):
   • Charges against Laxmi Das quashed.
   • Trial Court to proceed against remaining accused as per law.

Subjects:

Criminal Law, Abetment of Suicide

Section 306 IPC, Supreme Court Judgment, Instigation, Abetment, Mens Rea, Evidence Law