Case Note & Summary
The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former tenant of the deceased's father. The prosecution alleged that on 05.07.2000, the appellant threatened the deceased to marry him, and when she refused, he threatened to destroy her family. The deceased consumed poison and died the next day. The trial court convicted the appellant, and the High Court affirmed. The Supreme Court examined the evidence and found that the prosecution failed to prove abetment. The court noted that the alleged threat did not amount to instigation, conspiracy, or intentional aid as required under Section 107 IPC. The testimony of relatives was inconsistent and unreliable. There was also unexplained delay in lodging the FIR. The court held that the conviction was not sustainable and set aside the conviction and sentence.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Ingredients of Abetment - The court examined whether the alleged threat by the appellant to the deceased constituted abetment to suicide. Held that for conviction under Section 306 IPC, there must be evidence of instigation, conspiracy, or intentional aid that directly led to the suicide. Mere threat or harassment, without more, does not amount to abetment. The prosecution failed to prove that the appellant's actions instigated or compelled the deceased to commit suicide. (Paras 13-30) B) Evidence Law - Testimony of Relatives - Credibility - The court considered the evidence of PW-1, PW-2, PW-4, and PW-12, who were relatives of the deceased. Held that while conviction can be based on the testimony of relatives, such evidence must be scrutinized with care. In this case, there were material contradictions and inconsistencies in their depositions, and they were interested witnesses. The court found their evidence unreliable to prove abetment. (Paras 14-20) C) Criminal Procedure - Delay in FIR - Effect - The FIR was lodged on 07.07.2000 at 06:30 AM, while the deceased died on 06.07.2000 at 07:30 PM. Held that unexplained delay in lodging FIR can create doubt about the prosecution case. The delay, coupled with non-disclosure of alleged harassment by the deceased to anyone, weakened the prosecution's case. (Paras 21-25)
Issue of Consideration
Whether the conviction of the appellant under Section 306 IPC for abetment to suicide is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 306 IPC.
Law Points
- Abetment to suicide requires instigation
- conspiracy
- or intentional aid
- mere threat or harassment not sufficient
- Section 306 IPC
- Section 107 IPC
