Case Note & Summary
The case pertains to a criminal appeal against the conviction of two appellants under Section 306 read with 34 of the Indian Penal Code, 1860, for abetment of suicide of Sannamaramma. The prosecution alleged that appellant no.1 had a relationship with the deceased, promised to marry her, and had sexual intercourse resulting in pregnancy. When the deceased insisted on marriage, appellant no.1 and his family allegedly avoided the marriage, leading the deceased to commit suicide by consuming poison. The trial court convicted the appellants, sentencing them to rigorous imprisonment. On appeal, the High Court examined the evidence, including testimonies of witnesses and the deceased's dying declaration. The court noted that the deceased's dying declaration did not implicate the appellants directly in instigating the suicide. The court observed that the appellants' conduct, though morally questionable, did not amount to instigation or active abetment as required under Section 306 IPC. The court emphasized that for a conviction under Section 306 IPC, there must be evidence of direct instigation or active involvement in the suicide. Mere breach of promise to marry or harassment without a proximate link to the suicide is insufficient. The court also noted that the deceased was a mature adult who took her own life voluntarily. Consequently, the High Court set aside the conviction and acquitted the appellants.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Ingredients of abetment - The court examined whether the appellants' conduct amounted to instigation or active participation leading to the deceased's suicide. Held that mere breach of promise to marry or harassment without direct instigation does not constitute abetment under Section 306 IPC (Paras 10-15). B) Evidence - Circumstantial Evidence - Standard of proof - The court held that in cases of abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused instigated or actively aided the suicide. Mere suspicion or possibility is insufficient (Paras 12-14). C) Criminal Law - Section 306 IPC - Abetment - Promise to marry - The court held that a broken promise to marry, even if resulting in pregnancy, does not automatically amount to abetment of suicide unless there is evidence of instigation or active role in the suicide (Paras 13-15).
Issue of Consideration
Whether the conviction of the appellants under Section 306 read with 34 IPC for abetment of suicide is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment of conviction and sentence dated 10.12.2009 passed by the IV Additional Sessions Judge, Mysore in S.C.No.90/2007 is set aside. The appellants are acquitted of the offence under Section 306 read with 34 IPC. Their bail bonds stand cancelled.
Law Points
- Abetment of suicide requires instigation
- active role
- or direct involvement
- mere breach of promise to marry or harassment without proximate link to suicide does not constitute abetment under Section 306 IPC
