Case Note & Summary
The appellant, Shaikh Asif Ismail, was convicted by the 5th Additional Sessions Judge, Ahmednagar, on 19.5.2000 in Sessions Case No.80/1999 for the offence under Section 306 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for four years and a fine of Rs.1000/-. The case arose from the death of Shabana Hamji Shaikh, an unmarried woman who was in love with the accused and living with him. On 22.1.1995, the accused saw Shabana with another man named Iqbal at a telephone booth and quarreled with her, suspecting an affair. Later at home, the quarrel continued, and Shabana threatened to burn herself. She poured kerosene on herself and set herself on fire, while the accused did not stop her. He later tried to extinguish the fire and took her to the hospital, where she succumbed to burns. Two dying declarations were recorded, one by ASI Laxman Kusalkar (PW7) and another by Special Executive Magistrate Ruth Salve (PW2), in which Shabana stated that she acted on her own and the accused did not instigate her. The trial court convicted the accused under Section 306 IPC. On appeal, the High Court examined whether the accused's conduct amounted to abetment of suicide. The court noted that the dying declarations clearly stated that the deceased acted on her own impulse and that the accused did not instigate or aid the suicide. The court held that mere quarrel or failure to stop the deceased does not constitute instigation or intentional aid under Section 107 IPC. The court also considered the legal position that for abetment of suicide, there must be active instigation or intentional aid. The court found that the prosecution failed to prove any instigation or aid, and the deceased's act was voluntary. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the accused.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Instigation - Mere quarrel or threat to commit suicide does not constitute abetment unless there is active instigation or intentional aid - The court held that the deceased acted on her own impulse and the accused did not instigate or aid the suicide - Conviction set aside (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - Dying declaration must be voluntary and truthful - The dying declarations in this case were consistent and voluntary, but did not prove abetment as the deceased stated she acted on her own (Paras 2-6) C) Criminal Law - Abetment - Section 107 IPC - Ingredients - Abetment requires instigation, conspiracy, or intentional aid - The accused's failure to stop the deceased does not amount to intentional aid or instigation (Paras 7-10)
Issue of Consideration
Whether the accused's conduct of quarreling with the deceased and not stopping her from pouring kerosene amounts to abetment of suicide under Section 306 IPC
Final Decision
Appeal allowed. Conviction and sentence set aside. Accused acquitted.
Law Points
- Abetment of suicide requires instigation
- conspiracy
- or intentional aid
- mere quarrel or presence during suicide not sufficient
- dying declaration must be voluntary and reliable
