G. AYYASAMY vs THE INSPECTOR OF POLICE,
- Court
- Madras High Court
CRL A(MD) No. 455 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 09-10-2026
PRONOUNCED ON : 16.10.2026
CORAM
THE HON'BLE MR.JUSTICE S.KARTHIKEYAN
CRL A(MD) No. 455 of 2017
CNR:{HCMD011055502017}
G. Ayyasamy
S/o. (late). Ganesan, D.No.146 East Street,
Mettamalai Post, Sattur Tk, Virudhunagar Dt
..Appellant(s)
Vs
The State represented by,
The Inspector Of Police,
Boothapandi Police Station,
Kanyakumari District.
Crime No.542 of 2011
..Respondent(s)
For Appellant (s): Mr.R.Anand
For Respondent(s): Mr.G.Ganesh Kumar
Government Advocate
(Criminal Side)
JUDGMENT
This appeal is directed against the judgment of conviction and
sentence passed by the learned Sessions Judge, Fast Track Mahila Court,
Kanyakumari District, at Nagercoil, in Sessions Case No. 33 of 2013,
dated 08.11.2017.
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2.On careful perusal of the records, it is found that, on 31.12.2011,
at around 9.00 a.m., P.W.14-Muthukrishnan, the then Head Constable
attached to Boothapandi Police Station, who was in charge of the said
police station, received Ex.P.1 complaint from P.W.1-Moni, the father of
the deceased and registered Ex.P.10 First Information Report (F.I.R) in
Crime No. 542 of 2011 under Section 174 of the Code of Criminal
Procedure (Cr.P.C.). He forwarded the F.I.R. and the original complaint
to the Revenue Divisional Officer, Nagercoil, and the Deputy
Superintendent of Police, Nagercoil.
3.P.W.17-Baskaran, the then Deputy Superintendent of Police,
Nagercoil, took up the investigation of the said case on 31.11.2011. The
deceased, Sheeba, died at Kerala Institute of Medical Science (K.I.M.S.)
Hospital, Thiruvananthapuram, within seven years of her marriage. As
the death had occurred in another State, he requested the Executive
Magistrate to conduct the inquest at Thiruvananthapuram through Head
Constable No. 1810 and the Sub-Inspector of Police,
Thiruvananthapuram.
4.On 31.11.2011, he visited the place of occurrence and prepared
Ex.P.12 Observation Mahazar and Ex.P.13 Rough Sketch in the presence
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of P.W.8-Manikandan and P.W.9-Selvakumar. No material objects were
recovered from the scene of occurrence. On the same day, he examined
the father of the deceased, the de facto complainant, and recorded his
statement.
5.The inquest on the deceased was conducted at K.I.M.S. Hospital,
Thiruvananthapuram, in the presence of panchayatdars and witnesses.
After the inquest, a post-mortem examination was conducted at the
Government Hospital, Thiruvananthapuram, and the body was handed
over to the relatives of the deceased. As the deceased had died of burn
injuries within seven years of her marriage, the inquest was conducted by
the Sub-Collector, Nagercoil.
6.Upon receipt of the report from the Sub-Collector, which
indicated that the death was attributable to a demand for dowry, the
investigating officer altered the sections of law from Section 174 Cr.P.C.
to Sections 3, 4 and 6 of the Dowry Prohibition Act, read with Sections
498-A and 304-B of the Indian Penal Code (IPC), on 05.06.2012. He
forwarded Ex.P.14 Alteration Report to the Court.
7.Thereafter, he examined Dr. Sujisha, who had conducted the
post-mortem examination on the deceased, and recorded her statement.
He also examined P.W.1-Moni, Amutharasu, Melba, Chellathai, Rajesh,
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Ashokan, Dr.Shanthi, Mr.Venkatesh, S.Radhakrishnan Nair, Dr.Manes
Senan, Dr.Selvakumar, Thiru. Rishi Roshan, Judicial Magistrate No. II,
Nagercoil, Head Constable Muthukrishnan and Mathusudhanan, and
recorded their statements. As the Accused had obtained anticipatory bail
from this Court, they were not arrested. Upon completion of the
investigation, he laid final report before the jurisdictional Magistrate.
8.The learned Principal District Munsif-cum-Judicial Magistrate,
Boothapandi, took cognizance of the final report and issued summons to
the Accused. Upon their appearance, copies of the documents relied upon
by the prosecution were furnished to them under Section 207 Cr.P.C. As
the offence under Section 304-B IPC was exclusively triable by the Court
of Sessions, the case was committed to the Principal District and Sessions
Court, Kanyakumari District at Nagercoil.
9.The Principal District and Sessions Court, Kanyakumari District
at Nagercoil, took cognizance of the case in S.C. No. 33 of 2013. Charges
were framed against the first Accused for the offences punishable under
Sections 3, 4 and 6 of the Dowry Prohibition Act and Sections 498-A and
304-B IPC. Charges were framed against Accused Nos. 2 to 5 for the
offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition
Act and Section 498-A IPC. The charges were read over and explained to
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the Accused, who denied the same. Thereafter, the case was made over to
the file of the learned Sessions Judge, Fast Track Mahila Court,
Kanyakumari District at Nagercoil for trial in accordance with law.
10.On the side of the prosecution, P.Ws. 1 to 17 were examined,
Exs. P.1 to P.14 were marked, and M.Os. 1 and 2 were produced and
marked.
11.Upon closure of the prosecution evidence, the incriminating
circumstances appearing against the Accused were put to them under
Section 313(1)(b) Cr.P.C. The Accused denied the same as false and
stated that they had witnesses to examine on their behalf. However, no
witnesses were examined on the side of the defence, and the defence
evidence was closed.
12.After hearing both sides, the trial Court found the first Accused
guilty of the offence punishable under Section 306 IPC. Accused Nos. 1
to 5 were acquitted from the offences punishable under Section 498-A
IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act. The first
Accused was also acquitted of the offence punishable under Section 304-
B IPC but was convicted of the offence punishable under Section 306
IPC. He was sentenced to undergo five years of rigorous imprisonment
and to pay a fine of Rs. 10,000/-, in default of which he was directed to
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undergo rigorous imprisonment for six months. Aggrieved by the said
judgment of conviction and sentence, the first Accused has preferred the
present appeal.
13. In this appeal, the learned counsel for the appellant and the
learned Government Advocate (Criminal Side) appearing for the
respondent were heard. The trial Court records were called for and
perused.
Point for Determination :
14.Whether the conviction and sentence passed against the
appellant herein by the trial court is sustainable?
Answer :
15. On careful perusal of the records, it is found that it is the case
of the prosecution that Accused Nos. 1 to 5 were residing at Sattur.
During September 2009, Accused Nos. 1 and 2 went to Nettancode, near
Kurunthancode, to see the daughter of one Moni, namely, Sheeba. As
both of them liked the girl, they asked Sheeba’s father to provide 60
sovereigns of gold, Rs. 1,50,000/- in cash, and household articles worth
Rs. 1,50,000/- as dowry. However, Sheeba’s father agreed to provide 45
sovereigns of gold jewels, Rs. 1,50,000/- in cash, and household articles
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worth Rs. 1,50,000/-. Accused Nos. 1 and 2 agreed to the dowry
promised by Sheeba’s father and asked him to provide the remaining 15
sovereigns of gold after the wedding.
16. On 23.10.2009, the betrothal ceremony was held at the house of
the de facto complainant at Nettangode. All five Accused participated in
the said ceremony along with their relatives. The second Accused
received Rs. 1,50,000/- in cash as dowry from Sheeba’s father and, in
turn, handed over the amount to the third Accused. The first Accused
subsequently received the amount from the third Accused.
17. The marriage between Sheeba and the first Accused was
solemnised at K.A. Paul Nadar Kalyana Mandapam, Sattur, in accordance
with Hindu rites and customs. At the time of the marriage, 45 sovereigns
of gold jewellery were given to Sheeba, as promised by her father, in
connection with the marriage to Accused Nos. 1 to 5. On the evening of
the same day, household articles worth approximately Rs. 1,50,000/-
were also given.
18. After the wedding, the first Accused and the deceased Sheeba
resided at Sattur. Two months after the marriage, the first Accused told
his wife that, since he had completed B.A., B.Ed., and M.Phil. degrees,
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he could not travel by bus and asked her to obtain additional dowry to
purchase a two-wheeler. Sheeba, in turn, informed her father of this
demand. Accordingly, during January 2010, Sheeba’s father gave
Rs. 50,000/- towards the purchase of a two-wheeler bearing Registration
No. TN 67 AB 5132, which was registered in the name of the second
Accused.
19. On 28.04.2010, the first Accused asked his wife, Sheeba, to
give him 15 sovereigns of gold jewel to be pledged. Despite Sheeba
repeatedly asking him to return the jewel, the first Accused failed to
redeem and return it to her and thereby cheated her.
20. During the first week of March 2010, Accused Nos. 1 to 5
allegedly criticised Sheeba by stating that she was dark-complexioned,
that her legs were affected by a fungal skin disease, and that she was
unattractive. They also demanded the remaining 15 sovereigns of gold
jewels towards the balance dowry and thereby subjected the deceased to
physical and mental cruelty.
21. In the wedlock, Sheeba gave birth to a male child on
17.10.2010. Although the Accused were informed about the birth of the
child, none of them came to see the baby. On 20.04.2011, Sheeba’s father
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gave eight sovereigns of gold jewel for the baby and left Sheeba and the
child at the house of the first Accused.
22. As all the Accused continued to harass Sheeba by demanding
the remaining 15 sovereigns of gold jewel, her father, Moni, rented a
separate house and arranged for Sheeba, the first Accused, and their child
to reside there. However, the first Accused again started harassing Sheeba
and the baby. He failed to provide them with proper food and continued
to torture Sheeba by demanding 15 sovereigns of gold jewel.
Consequently, Sheeba’s father rented another house at Thuvaraka Nagar,
Erachakulam, and arranged for his daughter, the first Accused, and their
child to reside there.
23. On 15.11.2011, the first Accused asked his wife to obtain
Rs.6,00,000/- as additional dowry from her father, stating that he should
be given the same amount that her father had given to her elder sister. In
this manner, he allegedly subjected Sheeba to mental cruelty.
24.On 20.11.2011, at about 9.30 p.m., the first Accused once again
demanded that Sheeba to get Rs. 6,00,000/- from her father and also
demanded 30 sovereigns of gold jewels. He allegedly assaulted her.
Unable to bear the harassment allegedly inflicted by Accused Nos. 2 to 5
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in connection with their demand for additional dowry and the first
Accused’s persistent demand for Rs. 6,00,000/-, which her father had
given to her elder sister, Sheeba became mentally distressed. The first
Accused allegedly attempted to strangulate her and shouted at her to “go
and die”. Being mentally upset and overcome by dejection, Sheeba set
herself on fire with the intention of ending her life.
25. Sheeba was admitted to KIMS Hospital, Thiruvananthapuram,
where she succumbed to her injuries and died on 31.12.2011 at 4.00 a.m.
Thus, according to the prosecution, the acts of the Accused were
punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act and
Sections 498-A and 304-B of the Indian Penal Code (IPC).
26. To substantiate its case, the prosecution examined P.Ws. 1 to
17, Exhibited Exs. P.1 to P.14, and produced M.Os. 1 and 2. As stated
supra, the trial Court found all the Accused not guilty of the offences
punishable under Sections 498-A and 304-B of the IPC and Sections 3, 4
and 6 of the Dowry Prohibition Act. However, the trial Court found the
first Accused/appellant guilty of the offence punishable under Section
306 of the IPC.
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27. The pertinent question that now arises for consideration is
whether the conviction and sentence imposed on the appellant for the
offence punishable under Section 306 of the IPC are sustainable.
28. Admittedly, neither the victim’s legal representatives nor the
State preferred an appeal against the acquittal recorded by the trial Court
in respect of the offences punishable under Sections 3, 4 and 6 of the
Dowry Prohibition Act and Sections 498-A and 304-B of the IPC.
29. The learned counsel appearing for the appellant contended that
P.W.13, the learned Judicial Magistrate No. II, Nagercoil, had recorded
the dying declaration of the deceased on 21.11.2011 at around 11.45 a.m.,
which was marked as Ex.P.9 before the trial Court. In Ex.P.9, the
deceased had stated that there was a dispute between her and her
husband. Her husband had mortgaged 15 sovereigns of gold jewellery
and had asked her to return the same, which led to a quarrel between
them. Her husband used to tell her that marrying her was a waste.
Whenever a dispute arose, he used to tell her to die. Her mother-in-law
used to remark that the deceased was not beautiful and questioned why
her son had married her when he could marry another girl. The deceased
further stated that, on 21.11.2011, while she and her husband were living
in a rented house at Erachakulam, her husband, telling her to die,
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attempted to strangle her. She brushed aside his hand.
30.Previously, when a similar problem arose, her mother-in-law had
attempted to kill her. Her father had lodged a complaint in that regard,
which ended in a compromise. Her husband was always money-minded.
During the dispute that arose on that day, her husband attempted to pour
kerosene on her, and a small quantity of kerosene lightly touched her
clothes. Thereafter, her husband went to the balcony. Further, her
husband used to tell her that he would leave her and repeatedly tell her to
die, saying, “Die, die.” Therefore, frustrated by this, she decided to end
her life by setting fire herself. Within a second, the fire set on her body.
Her husband does not go to work. He does not buy food for the family.
She has been the only one working for the past month. Her husband used
to receive money from her parental home. Since her husband harassed her
by repeatedly telling her to die and her husband's sister Sarasu, Subha,
brother and mother of the Accused induced her to bring jewels, she
committed suicide. Whenever her husband beat her, his sister did not
intervene to stop him. Instead, she encouraged him to beat her. At
present, her son is staying with her mother. Her husband is the reason for
setting fire herself. A.1’s sisters used to induce her husband. Due to the
said harassment, she had set fire to herself.
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31.According to the learned counsel for the appellant, the victim
did not mention in her dying declaration any demand by her husband for
Rs. 6,00,000/- or an additional dowry of 30 sovereigns of gold jewellery.
The learned counsel submitted that the trial Court had rightly acquitted
the first appellant of the offence punishable under Section 304-B of the
Indian Penal Code (IPC); however, it had found him guilty of the offence
punishable under Section 306 IPC. According to the learned counsel for
the appellant, the act of telling the deceased to “go and die,” without any
intention to cause her death, would not fall within the definition of
abetment under Section 107 IPC. He further submitted that, to attract the
offence under Section 306 IPC, there must be an intention to instigate or
intentionally aid the commission of suicide.
32. The learned counsel for the appellant relied on the decision of
the Hon’ble Supreme Court in Prakash and Others v. State of
Maharashtra and Another , reported in 2024 SCC OnLine SC 3835 . He
also relied on the decision of the Hon’ble Supreme Court in Patel
Joshnaben Pravinkumar Patel and Others v. State of Gujarat and
Another , reported in 2026 INSC 886 in this regard.
33.Therefore, according to the learned counsel for the appellant,
there was no direct nexus between the appellant’s act of telling the
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deceased to “go and die” and her death. He further contended that the
appellant had no mens rea to abet the deceased’s suicide. Therefore, he
prayed for acquittal of the charge under Section 306 IPC also.
34.Per contra, the learned Government Advocate (Criminal Side)
contended that the deceased had clearly stated in her dying declaration,
recorded by the learned Judicial Magistrate No. II, Nagercoil, that her
husband had continuously harassed her and demanded dowry. Even on
the date of occurrence, it is the appellant herein who had poured kerosene
on her and thereafter out of frustration, the deceased had set fire to
herself. Therefore, according to the learned Government Advocate
(Criminal Side), the appellant herein is directly responsible for the suicide
committed by the deceased. The trial Court, after considering the
evidence of the father of the deceased P.W.1, has rightly come to the
conclusion that the appellant herein had made an offence punishable
under Section 306 I.P.C and therefore, the learned Government Advocate
(Criminal Side) prays for sustaining the said conviction.
35.This Court has given its thoughtful consideration to the rival
submissions put forth by either side.
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36.On a careful perusal of the records, it is found that the father of
the deceased was examined as P.W.1, the sister of the deceased as P.W.2,
the mother of the deceased as P.W.3, the brother of the deceased as
P.W.4, and the brother-in-law of the deceased, who is the husband of
P.W.2, as P.W.5.
37. On a perusal of the evidence of P.W.1, it is seen that the
marriage between the deceased and A.1 was solemnised on 23.10.2009 at
Metamalai, Sattur. At the time of the marriage, a demand was made for
60 sovereigns of gold jewellery, a sum of Rs.1,50,000/- in cash, and
household articles worth about Rs.1,00,000/- as dowry. P.W.1 agreed to
provide 45 sovereigns of gold jewellery, Rs.1,50,000/- in cash, and
household articles worth about Rs.1,00,000/- towards dowry. On the date
of the betrothal, he paid a sum of Rs.1,50,000/- towards dowry. On the
date of the marriage, household articles worth about Rs.1,00,000/- were
given. Further, 45 sovereigns of gold jewellery were presented to the
deceased at the time of the marriage.
38. PW1 further deposed that three months after the marriage, A.1
demanded a Hero Honda Splendor Motorcycle. He harassed the deceased
by stating that she could not live happily unless a motorcycle was
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provided. Consequently, P.W.1 paid a sum of Rs.50,000/- for purchasing
the motorcycle. Two days later, A.1 purchased the motorcycle in the
name of his brother. On learning this, P.W.1 suffered mental agony. In
connection with this issue, a quarrel arose between the deceased and A.1,
during which A.1 told the deceased that he had married her only for
money. On hearing this, P.W.1 pacified his daughter.
39. PW1 further deposed that three months later, all the Accused
abused the deceased and warned her not to speak about the motorcycle,
stating that she would have to leave the matrimonial home if she
continued to raise the issue. They also humiliated her by stating that she
was suffering from a skin disease. P.W.1 contacted A.1 and advised him
to be patient. However, A.2 broke the telephone.
40. PW1 further deposed that Four days later, P.W.1 went to the
house of A.1 and gave a sum of Rs.7,000/- for the purchase of a gas
stove. He also advised the couple to set up a separate household and paid
a sum of Rs.10,000/- towards the rental advance. Three weeks later, when
P.W.1 enquired of A.1 as to when they would move into a separate house,
A.1 informed him that they were living happily in their house. Whenever
the deceased visited her parental home, P.W.1 used to give her Rs.1,000/-
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or Rs.2,000/- towards her personal expenses. However, A.1 took those
amounts from her and spent them.
41. PW1 further deposed that in order to discharge his debts, A.1
mortgaged 15 sovereigns of the gold jewellery belonging to the deceased.
Although he informed her that he would redeem the jewellery within ten
days, he failed to do so. A month later, when the deceased asked him to
return the jewellery, A.1 demanded her to obtain a sum of Rs.70,000/-
from her father. He repeatedly made this demand to her over the
telephone.
42. PW1 further deposed that Ddsputes arose between the deceased
and her husband regarding the redemption of the mortgaged jewellery. In
this connection, the deceased lodged two complaints before the All
Women Police Station. When the deceased was in the seventh month of
her pregnancy, P.W.1 took her to his house for delivery. When P.W.1
requested A.1 to redeem the jewellery at the earliest, A.1 replied that the
jewellery belonged to his wife and that he had every right to mortgage it.
This led to an altercation between P.W.1 and A.1, following which P.W.1
took his daughter to his village.
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43. PW1 further deposed that the deceased subsequently gave birth
to a male child. P.W.1 presented the child with seven sovereigns of gold
jewellery, an anklet, a ring, and a silver chain. However, A.1 again
mortgaged the gold chain and the silver chain, causing considerable
mental agony to both P.W.1 and the deceased.
44. PW1 further deposed that the deceased then requested P.W.1 to
arrange a rented house at Nagercoil for their residence. Accordingly,
P.W.1 paid a sum of Rs.10,000/- as an advance and arranged a rented
house at Thuvaraka Nagar, Erachakulam. The deceased entrusted the
child to P.W.1 and joined a private school as an employee. P.W.1 also
secured employment for A.1 at the office of Malai Malar, with a monthly
salary of Rs.5,000/-. However, A.1 attended work for only two days.
45. PW1 further deposed that a few weeks later, A.1 came to the
house of P.W.1. At that time, P.W.3, the mother of the deceased, had
retired from service. A.1 demanded a sum of Rs.6,00,000/- from the
deceased, stating that the same amount had been given to her sister. He
abused the deceased and told her that if she did not bring the money, she
could go and die.
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46. PW1 further deposed that on 15.11.2011, A.1 returned to
Sattur. On 20.11.2011, at about 9.15 p.m., A.1 came to Erachakulam and
questioned the deceased as to whether she had brought the money. He
then assaulted her. The deceased telephoned P.W.1 and requested him to
come immediately. On 21.11.2011, at about 6.30 a.m., the deceased
switched on the stove to prepare coffee. A.1 came there, switched off the
stove, and assaulted her by pushing her against the wall. When she fell
down, he has poured kerosene on the deceased. Further, he has
intimidated her by saying that he would not go to his village by leaving
her alive. Therefore, frustrated by that the deceased set fire to herself. On
seeing the deceased was burning, A.1 has gone to the nearby workshop.
The neighbours raised an alarm, and A.1 brought two persons from a
nearby workshop. In the meantime, the deceased sustained burns over her
entire body. A.1 did not make any attempt to save her.
47. PW1 further deposed that the deceased was taken to the
Medical College Hospital, Asaripallam, in a 108 ambulance. P.W.1 went
to the hospital and found her in a critical condition. Thereafter, the
deceased was shifted to K.I.M.S. Hospital, Thiruvananthapuram, for
further treatment. After receiving treatment for about 40 days, the
deceased died on 31.12.2011.
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48. On perusal of record, it is found that the evidence of P.Ws.2 to
5 is more or less similar to that of P.W.1. P.W.6, Ashokan, was the
landlord of the house in which the deceased was residing with her
husband. In his evidence, he deposed that on 21.11.2011, while he was on
his way to school, he was informed that the deceased had set herself on
fire. He went to the terrace and found the deceased in a burnt condition.
A.1 was crying in the bedroom. P.W.6 then called a 108 ambulance.
49. P.W.7, Dr. Santhi, was a Professor at the Medical College
Hospital, Asaripallam, where the deceased was initially admitted for
treatment. According to her evidence, the deceased had sustained 80%
burn injuries and was admitted to the Government Hospital,
Kanyakumari, on 21.11.2011. On the same day, at about 12.55 p.m., the
deceased was discharged against medical advice.
50. P.W.8 was the witness to Ex.P.3 Observation Mahazar. P.W.9
Dr. Selva Kumar, issued a mental fitness certificate to the deceased
certifying that she is fit to give a dying declaration. P.W.10 Dr. Manesh
Senan, who treated the deceased, deposed that she was admitted to
K.I.M.S. Hospital, Thiruvananthapuram, on 21.11.2011, with 80% burn
injuries. She was given intensive treatment and underwent several
surgical procedures. She received treatment for about 49 days and
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subsequently died on 31.12.2011 due to a fungal infection. In this
connection, he issued Ex.P.4 certificate.
51.P.W.11 Dr. Sujisha, who conducted the post-mortem
examination of the deceased, spoke about the burn injuries sustained by
her and opined that the deceased appeared to have died due to
complications arising from the burn injuries. In this connection, she
issued Ex.P.5 Post-Mortem report.
52. P.W.12 the Sub-Collector and Revenue Divisional Officer,
conducted an inquest on the body of the deceased and issued Ex.P.6
Inquest Report. P.W.13 the then learned Judicial Magistrate No. II,
Nagercoil, deposed about the dying declaration recorded by him. P.W.14
the Special Sub-Inspector of Police, registered the First Information
Report. P.W.15 handed over the First Information Report to the Sub-
Collector and took the body of the deceased to the Medical College
Hospital, Thiruvananthapuram for Post-Mortem examination. P.W.16 the
Sub-Collector, Nagercoil, conducted an enquiry into the death of the
deceased and issued Ex.P.11 report. P.W.17, the Investigating Officer,
deposed about the investigation conducted in the case.
53. On a careful perusal of the evidence of P.Ws.1 to 5, it is found
that they spoke about the demand of dowry and the consequent
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harassment allegedly inflicted upon the deceased by A.1 to A.5.
However, the trial Court disbelieved their evidence and acquitted the
Accused of the offences punishable under Sections 3, 4 and 6 of the
Dowry Prohibition Act. Further, the trial Court disbelieved the evidence
of the witnesses regarding the alleged harassment and acquitted the
Accused of the offence punishable under Section 498-A of the Indian
Penal Code. Since the demand of dowry was not proved, the trial Court
concluded that the offence punishable under Section 304-B of the Indian
Penal Code had not been established. However, it concluded that the case
fell within the ambit of Section 306 of the Indian Penal Code as against
A1.
54. On a perusal of the dying declaration of the deceased, it is
found that she did not speak about any demand for dowry made by the
appellant herein. Therefore, the evidence of P.Ws.1 to 5 regarding the
demand for dowry was not corroborated by the dying declaration of the
deceased. The trial Court primarily relied upon Ex.P.8, the dying
declaration and concluded that the case fell within the ambit of Section
306 of the Indian Penal Code.
55. In her dying declaration, the deceased stated that, on the date of
the occurrence, her husband attempted to strangulate her and also
attempted to pour kerosene on her, which lightly fell on her saree.
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Thereafter, he went to the balcony. She further stated that her husband
used to threaten to harm her after abandoning her and frequently tell her
to die. Being frustrated by his conduct, she had set fire onto herself..
56. In this connection, the learned counsel for the appellant relied
upon the recent decision of the Hon'ble Supreme Court in Patel
Joshnaben Pravinkumar Patel and Others v. State of Gujarat and
Another , reported in 2026 INSC 886 , wherein the Hon'ble Supreme
Court held as follows:
“24. While assessing whether a prima facie case of abetment
to commit suicide is made out or not, the court must not
merely consider the allegations in the suicide note but also the
surrounding facts of the case. Merely because a dejected
husband, or lover, out of frustration, ends his life and puts the
blame on the Accused, in his suicide note, is not enough to
conclude that a prima facie case is made out against those
who are blamed. The court would have to consider whether
the conduct of the Accused complained of in ordinary
circumstances would have driven an ordinary person, not an
over sensitive person, to take that drastic step to end his life.
25. In matrimonial relationship, often differences arise
between husband and wife where they tend to blame each
other and institute proceedings against each other. Initiation
of such proceedings cannot by itself be taken as an act of
instigation to commit suicide. Because, ultimately, it is for the
courts to decide whether those proceedings are bona fide or
mala fide.
26. In the present case, the suicide note clearly indicates that
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the deceased was dejected because his wife had left him and
had initiated a proceeding against him. Whatever might be the
reason for his wife to leave her matrimonial home after 10
years of marriage, the fact remains that she lodged an FIR
making such allegations which had prima facie support from
medical report. In such circumstances, it could also be
possible that the deceased’s guilt complex may have prompted
him to end his life.
27. Be that as it may, we are not here to speculate upon the
reasons as to why the deceased committed suicide. What is
important here is that the FIR as well as the materials placed
on record including the suicide note do not disclose the
necessary ingredients to constitute an abetment so as to make
out a prima facie case of abetment of suicide against the
appellants. ”
57.Further, the Hon'ble Supreme Court, in Prakash and Others v.
State of Maharashtra and Another , reported in 2024 SCC OnLine SC
3835 , observed as follows:
“12. The relevant provisions of the IPC that fall for consideration
are as under:
“306. Abetment of suicide.- If any person commits suicide,
whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to
fine.
107. Abetment of a thing—A person abets the doing of a
thing, who— First.— Instigates any person to do that thing;
or Secondly.— Engages with one or more other person or
persons in any conspiracy for the doing of that thing, if an
act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly.— Intentionally aids, by any act or illegal omission,
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the doing of that thing.
Explanation 1.— A person who, by wilful misrepresentation,
or by wilful concealment of a material fact which he is
bound to disclose, voluntarily causes or procures, or
attempts to cause or procure, a thing to be done, is said to
instigate the doing of that thing.
Explanation 2.— Whoever, either prior to or at the time of
the commission of an act, does anything in order to
facilitate the commission of that act, and thereby facilitates
the commission thereof, is said to aid the doing of that act.”
13. Section 306 of the IPC has two basic ingredients-first, an act of
suicide by one person and second, the abetment to the said act by
another person(s). In order to sustain a charge under Section 306
of the IPC, it must necessarily be proved that the Accused person
has contributed to the suicide by the deceased by some direct or
indirect act. To prove such contribution or involvement, one of the
three conditions outlined in Section 107 of the IPC has to be
satisfied.
14. Section 306 read with Section 107 of IPC, has been interpreted,
time and again, and its principles are well- established. To attract
the offence of abetment to suicide, it is important to establish proof
of direct or indirect acts of instigation or incitement of suicide by
the Accused, which must be in close proximity to the commission of
suicide by the deceased. Such instigation or incitement should
reveal a clear mens rea to abet the commission of suicide and
should put the victim in such a position that he/she would have no
other option but to commit suicide.
15. The law on abetment has been crystallised by a plethora of
decisions of this Court. Abetment involves a mental process of
instigating or intentionally aiding another person to do a particular
thing. To bring a charge under Section 306 of the IPC, the act of
abetment would require the positive act of instigating or
intentionally aiding another person to commit suicide. Without such
mens rea on the part of the Accused person being apparent from the
face of the record, a charge under the aforesaid Section cannot be
sustained. Abetment also requires an active act, direct or indirect,
on the part of the Accused person which left the deceased with no
other option but to commit suicide.
16. This Court in the case of S.S. Chheena v. Vijay Kumar Mahajan
and Another12, had an occasion to consider the scope of Section
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306 of the IPC and the ingredients which are essential for
abetment, as set out in Section 107 of the IPC. It observed as
follows:
“16. The word “suicide” in itself is nowhere defined in the
Penal Code, however its meaning and import is well known
and requires no explanation. “Sui” means “self” and
“cide” means “killing”, thus implying an act of self-killing.
In short, a person committing suicide must commit it by
himself, irrespective of the means employed by him in
achieving his object of killing himself.
………..
18. In our country, while suicide in itself is not an offence,
considering that the successful offender is (2010) 12 SCC
190 : 2010 INSC 506 beyond the reach of law, attempt to
suicide is an offence under Section 309 IPC.
……….
21. The learned counsel for the appellant has placed
reliance on a judgment of this Court in Mahendra Singh v.
State of M.P. [1995 Supp (3) SCC 731 : 1995 SCC (Cri)
1157] In Mahendra Singh [1995 Supp (3) SCC 731 : 1995
SCC (Cri) 1157] the allegations levelled were as under:
(SCC p. 731, para 1) “1. … My mother-in-law and husband
and sister-in-law (husband's elder brother's wife) harassed
me. They beat me and abused me. My husband Mahendra
wants to marry a second time. He has illicit connections
with my sister-in-law. Because of these reasons and being
harassed I want to die by burning.” The Court on the
aforementioned allegations came to a definite conclusion
that by no stretch the ingredients of abetment are attracted
on the statement of the deceased. According to the
appellant, the conviction of the appellant under Section 306
IPC merely on the basis of the aforementioned allegation of
harassment of the deceased is unsustainable in law.
………..
23. In State of W.B. v. Orilal Jaiswal [(1994) 1 SCC 73 :
1994 SCC (Cri) 107] this Court has cautioned that:
(SCC p. 90, para 17) “17. … The court should be extremely
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careful in assessing the facts and circumstances of each
case and the evidence adduced in the trial for the purpose
of finding whether the cruelty meted out to the victim had in
fact induced her to end the life by committing suicide. If it
[appears] to the court that a victim committing suicide was
hypersensitive to ordinary petulance, discord and
differences in domestic life quite common to the society to
which the victim belonged and such petulance, discord and
differences were not expected to induce a similarly
circumstanced individual in a given society to commit
suicide, the conscience of the court should not be satisfied
for basing a finding that the Accused charged of abetting
the offence of suicide should be found guilty.”
24. This Court in Chitresh Kumar Chopra v. State (Govt. of
NCT of Delhi) [(2009) 16 SCC 605 : (2010) 3 SCC (Cri)
367] had an occasion to deal with this aspect of abetment.
The Court dealt with the dictionary meaning of the words
“instigation” and “goading”. The Court opined that there
should be intention to provoke, incite or encourage the
doing of an act by the latter. Each person's suicidability
pattern is different from the other. Each person has his own
idea of self-esteem and self-respect. Therefore, it is
impossible to lay down any straitjacket formula in dealing
with such cases. Each case has to be decided on the basis
of its own facts and circumstances.
25. Abetment involves a mental process of instigating a
person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the Accused to
instigate or aid in committing suicide, conviction cannot be
sustained. The intention of the legislature and the ratio of
the cases decided by this Court is clear that in order to
convict a person under Section 306 IPC there has to be a
clear mens rea to commit the offence. It also requires an
active act or direct act which led the deceased to commit
suicide seeing no option and that act must have been
intended to push the deceased into such a position that he
committed suicide.”
17. This Court held that abetment involves the mental process of
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instigating a person or intentionally aiding a person in doing of a
thing. Therefore, without a positive act on the part of the Accused to
instigate or aid a person in committing suicide, conviction cannot
be sustained. This Court further observed that the intention of the
legislature and the ratio of the cases decided by this Court is clear
that in order to convict a person under Section 306 of IPC, there
has to be a clear mens rea to commit the offence. Abetment also
requires an active act or direct act which led the deceased to
commit suicide seeing no other option and that act must have been
intended to push the deceased into such a position that he
committed suicide. However, this Court has cautioned that since
each person reacts differently to the same provocation depending
on a variety of factors, it is impossible to lay down a straightjacket
formula to deal with such cases. Therefore, every such case has to
be decided on the basis of its own facts and circumstances.
18. More recently, in the case of Jayedeepsinh Pravinsinh Chavda
and Others v. State of Gujarat13, this Court has 2024 SCC OnLine
SC 3679 : 2024 INSC 960 relied on S.S. Chheena (supra) to hold
that the element of mens rea cannot simply be presumed or inferred,
instead it must be evident and explicitly discernible. Without this,
the foundational requirement for establishing abetment under the
law, that is deliberate and conspicuous intention to provoke or
contribute to the act of suicide, would remain unfulfilled. This
Court observed as follows:
“18. For a conviction under Section 306 of the IPC, it is
a well-established legal principle that the presence of
clear mens rea—the intention to abet the act—is
essential. Mere harassment, by itself, is not sufficient to
find an Accused guilty of abetting suicide. The
prosecution must demonstrate an active or direct action
by the Accused that led the deceased to take his/her own
life. The element of mens rea cannot simply be presumed
or inferred; it must be evident and explicitly discernible.
Without this, the foundational requirement for
establishing abetment under the law is not satisfied,
underscoring the necessity of a deliberate and
conspicuous intent to provoke or contribute to the act of
suicide.”
19. It is, therefore, evident that the positive act of instigation is a
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crucial element of abetment. While dealing with an issue of a
similar nature, this Court in the case of Ramesh Kumar v. State
of Chhattisgarh,14 laid down the parameters of what (2001) 9
SCC 618 : 2001 INSC 515 would be constituted to be an act of
instigation. This Court observed as follows:-
“20. Instigation is to goad, urge forward, provoke,
incite or encourage to do “an act”. To satisfy the
requirement of instigation though it is not necessary that
actual words must be used to that effect or what
constitutes instigation must necessarily and specifically
be suggestive of the consequence. Yet a reasonable
certainty to incite the consequence must be capable of
being spelt out. The present one is not a case where the
Accused had by his acts or omission or by a continued
course of conduct created such circumstances that the
deceased was left with no other option except to commit
suicide in which case an instigation may have been
inferred. A word uttered in the fit of anger or emotion
without intending the consequences to actually follow
cannot be said to be instigation.”
20. It could thus be seen that this Court observed that instigation is
to goad, urge forward, provoke, incite or encourage to do “an act”.
It has been held that in order to satisfy the requirement of
instigation though it is not necessary that actual words must be
used to that effect or what constitutes instigation must necessarily
and specifically be suggestive of the consequence, however, a
reasonable certainty to incite the consequence must be capable of
being spelt out. Applying the law to the facts of the case, this Court
went on to hold that a word uttered in the fit of anger or emotion
without intending the consequences to actually follow cannot be
said to be instigation.
21. Relying on the decision in the case of Ramesh Kumar (supra),
this Court in the case of Ude Singh and Others v. State of
Haryana15 observed as follows:
“16. In cases of alleged abetment of suicide, there must be a
proof of direct or indirect act(s) of incitement to the
commission of suicide. It could hardly be disputed that the
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question of cause of a suicide, particularly in the context of
an offence of abetment of suicide, remains a vexed one,
involving multifaceted and complex attributes of human
behaviour and responses/reactions. In the case of accusation
for abetment of suicide, the court would be looking for
cogent and convincing proof of the act(s) of incitement to the
commission of suicide. In the case of suicide, mere
allegation of harassment of the deceased by another person
would not suffice unless there be such action on the part of
the Accused which compels the person to commit suicide;
and such an offending action ought to be proximate to the
time of occurrence. Whether a person has abetted in the
commission of suicide by another or not, could only be
gathered from the facts and circumstances of each case.
16.1. For the purpose of finding out if a person has abetted
commission of suicide by another, the consideration would
be if the Accused is guilty of the act of instigation of the act
of suicide. As explained and reiterated by this Court in the
decisions above referred, instigation means to goad, urge
forward, provoke, incite or encourage to do an act. If the
persons who committed suicide had been hypersensitive and
the action of the Accused is otherwise not ordinarily
expected to induce a (2019) 17 SCC 301 : 2019 INSC 810
similarly circumstanced person to commit suicide, it may not
be safe to hold the Accused guilty of abetment of suicide.
But, on the other hand, if the Accused by his acts and by his
continuous course of conduct creates a situation which leads
the deceased perceiving no other option except to commit
suicide, the case may fall within the four corners of Section
306 IPC. If the Accused plays an active role in tarnishing the
self-esteem and self-respect of the victim, which eventually
draws the victim to commit suicide, the Accused may be held
guilty of abetment of suicide. The question of mens rea on
the part of the Accused in such cases would be examined
with reference to the actual acts and deeds of the Accused
and if the acts and deeds are only of such nature where the
Accused intended nothing more than harassment or snap
show of anger, a particular case may fall short of the offence
of abetment of suicide.
However, if the Accused kept on irritating or annoying the
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deceased by words or deeds until the deceased reacted or
was provoked, a particular case may be that of abetment of
suicide. Such being the matter of delicate analysis of human
behaviour, each case is required to be examined on its own
facts, while taking note of all the surrounding factors having
bearing on the actions and psyche of the Accused and the
deceased.
16.2. We may also observe that human mind could be
affected and could react in myriad ways; and impact of one's
action on the mind of another carries several
imponderables. Similar actions are dealt with differently by
different persons; and so far a particular person's reaction
to any other human's action is concerned, there is no
specific theorem or yardstick to estimate or assess the same.
Even in regard to the factors related with the question of
harassment of a girl, many factors are to be considered like
age, personality, upbringing, rural or urban set-ups,
education, etc. Even the response to the ill action of eve
teasing and its impact on a young girl could also vary for a
variety of factors, including those of background, self-
confidence and upbringing. Hence, each case is required to
be dealt with on its own facts and circumstances.”
22. It could thus be seen that this Court observed that in cases of
alleged abetment of suicide, there must be a proof of direct or
indirect act(s) of incitement to the commission of suicide. It has
been held that since the cause of suicide particularly in the context
of the offence of abetment of suicide involves multifaceted and
complex attributes of human behaviour, the court would be looking
for cogent and convincing proof of the act(s) of incitement to the
commission of suicide. This Court further observed that a mere
allegation of harassment of the deceased by another person would
not suffice unless there is such action on the part of the Accused
which compels the person to commit suicide. This Court also
emphasised that such an offending action ought to be proximate to
the time of occurrence. It was further clarified that the question of
mens rea on the part of the Accused in such cases would be
examined with reference to the actual acts and deeds of the
Accused. It was further held that if the acts and deeds are only of
such nature where the Accused intended nothing more than
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harassment or a snap-show of anger, a particular case may fall
short of the offence of abetment of suicide, however, if the Accused
kept on irritating or annoying the deceased by words or deeds until
the deceased reacted or was provoked, a particular case may be
that of abetment of suicide. This Court held that owing to the fact
that the human mind could be affected and could react in myriad
ways and that similar actions are dealt with differently by different
persons, each case is required to be dealt with its own facts and
circumstances.
23. In the case of Sanju @ Sanjay Singh Sengar (supra), the
appellant before this Court was charged with having abetted the
suicide by his brother-in-law (sister’s husband). The prosecution
story was that there were strained relations between the deceased
and his wife who at the material time was staying with the appellant
therein. On 25th July, 1998 the deceased went to the appellant to
bring back his wife. There was a quarrel between the appellant and
the deceased who came back alone. The deceased told his brothers
and other acquaintances that the appellant had threatened and
abused him by using filthy words. On 27th July, 1998 the deceased
was found dead. The deceased left a suicide note which showed his
disturbed state of mind but otherwise he blamed the appellant for
the suicide. The appellant’s petition for quashing of the charge-
sheet filed under Section 482 Cr.P.C. was dismissed by the High
Court which led him to file an appeal before this Court which came
to be allowed. While taking note of the disturbed state of mind of
the deceased as was evident from the suicide note and the lack of
intention on the part of the Accused to abet the commission of
suicide by the deceased, the Court held that there was a time gap of
48 hours between the abusive language being used and the
commission of suicide. As such, owing to the passage of 48 hours,
giving the deceased enough time to reflect, there was no proximate
link between the words uttered and the act of suicide. This Court
observed as follows:
“8. In Swamy Prahaladdas v. State of M.P. [1995 Supp (3)
SCC 438 : 1995 SCC (Cri) 943] the appellant was charged
for an offence under Section 306 IPC on the ground that the
appellant during the quarrel is said to have remarked to the
deceased “to go and die”. This Court was of the view that
mere words uttered by the Accused to the deceased “to go
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and die” were not even prima facie enough to instigate the
deceased to commit suicide.
9. In Mahendra Singh v. State of M.P. [1995 Supp (3) SCC
731 : 1995 SCC (Cri) 1157] the appellant was charged for
an offence under Section 306 IPC basically based upon the
dying declaration of the deceased, which reads as under:
(SCC p. 731, para
1) “My mother-in-law and husband and sister-in-law
(husband's elder brother's wife) harassed me. They beat me
and abused me. My husband Mahendra wants to marry a
second time. He has illicit connections with my sister-in-law.
Because of these reasons and being harassed I want to die
by burning.”
10. This Court, considering the definition of “abetment”
under Section 107 IPC, found that the charge and conviction
of the appellant for an offence under Section 306 is not
sustainable merely on the allegation of harassment of the
deceased. This Court further held that neither of the
ingredients of abetment are attracted on the statement of the
deceased.
11. In Ramesh Kumar v. State of Chhattisgarh [(2001) 9
SCC 618] this Court was considering the charge framed and
the conviction for an offence under Section 306 IPC on the
basis of dying declaration recorded by an Executive
Magistrate, in which she had stated that previously there
had been quarrel between the deceased and her husband
and on the day of occurrence she had a quarrel with her
husband who had said that she could go wherever she
wanted to go and that thereafter she had poured kerosene on
herself and had set herself on fire. Acquitting the Accused
this Court said: (SCC p. 620) “A word uttered in a fit of
anger or emotion without intending the consequences to
actually follow cannot be said to be instigation. If it
transpires to the court that a victim committing suicide was
hypersensitive to ordinary petulance, discord and
differences in domestic life quite common to the society to
which the victim belonged and such petulance, discord and
differences were not expected to induce a similarly
circumstanced individual in a given society to commit
suicide, the conscience of the court should not be satisfied
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for basing a finding that the Accused charged for abetting
the offence of suicide should be found guilty.”
12. Reverting to the facts of the case, both the courts below
have erroneously accepted the prosecution story that the
suicide by the deceased is the direct result of the quarrel that
had taken place on 25-7- 1998 wherein it is alleged that the
appellant had used abusive language and had reportedly
told the deceased “to go and die”. For this, courts relied on
a statement of Shashi Bhushan, brother of the deceased,
made under Section 161 CrPC when reportedly the
deceased, after coming back from the house of the appellant,
told him that the appellant had humiliated him and abused
him with filthy words. The statement of Shashi Bhushan,
recorded under Section 161 CrPC is annexed as Annexure
P-3 to this appeal and going through the statement, we find
that he has not stated that the deceased had told him that the
appellant had asked him “to go and die”. Even if we accept
the prosecution story that the appellant did tell the deceased
“to go and die”, that itself does not constitute the ingredient
of “instigation”. The word “instigate” denotes incitement or
urging to do some drastic or inadvisable action or to
stimulate or incite. Presence of mens rea, therefore, is the
necessary concomitant of instigation. It is common
knowledge that the words uttered in a quarrel or on the spur
of the moment cannot be taken to be uttered with mens rea.
It is in a fit of anger and emotion. Secondly, the alleged
abusive words, said to have been told to the deceased were
on 25- 7-1998 ensued by a quarrel. The deceased was found
hanging on 27-7-1998. Assuming that the deceased had
taken the abusive language seriously, he had enough time in
between to think over and reflect and, therefore, it cannot be
said that the abusive language, which had been used by the
appellant on 25-7-1998 drove the deceased to commit
suicide. Suicide by the deceased on 27- 7-1998 is not
proximate to the abusive language uttered by the appellant
on 25-7-1998. The fact that the deceased committed suicide
on 27-7- 1998 would itself clearly point out that it is not the
direct result of the quarrel taken place on 25- 7-1998 when
it is alleged that the appellant had used the abusive
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language and also told the deceased to go and die. This fact
had escaped notice of the courts below.
………….
14. A plain reading of the suicide note would clearly show
that the deceased was in great stress and depressed. One
plausible reason could be that the deceased was without any
work or avocation and at the same time indulged in drinking
as revealed from the statement of the wife Smt Neelam
Sengar. He was a frustrated man. Reading of the suicide
note will clearly suggest that such a note is not the
handiwork of a man with a sound mind and sense. Smt
Neelam Sengar, wife of the deceased, made a statement
under Section 161 CrPC before the investigation officer. She
stated that the deceased always indulged in drinking wine
and was not doing any work. She also stated that on 26-7-
1998 her husband came to them in an inebriated condition
and was abusing her and other members of the family. The
prosecution story, if believed, shows that the quarrel
between the deceased and the appellant had taken place on
25-7-1998 and if the deceased came back to the house again
on 26-7-1998, it cannot be said that the suicide by the
deceased was the direct result of the quarrel that had taken
place on 25- 7-1998. Viewed from the aforesaid
circumstances independently, we are clearly of the view that
the ingredients of “abetment” are totally absent in the
instant case for an offence under Section 306 IPC. It is in the
statement of the wife that the deceased always remained in
a drunken condition. It is common knowledge that excessive
drinking leads one to debauchery. It clearly appeared,
therefore, that the deceased was a victim of his own conduct
unconnected with the quarrel that had ensued on 25- 7-1998
where the appellant is stated to have used abusive language.
Taking the totality of materials on record and facts and
circumstances of the case into consideration, it will lead to
the irresistible conclusion that it is the deceased and he
alone, and none else, is responsible for his death.”
(emphasis supplied)
24. It could thus be seen that this Court held that both the courts
below had erroneously accepted the prosecution story that the
suicide by the deceased was the direct result of the quarrel that had
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taken place on 25th July 1998 wherein it was alleged that the
appellant therein had used abusive language and had reportedly
told the deceased ‘to go and die’. It was held that even if one
accepts the prosecution story that the appellant did tell the
deceased ‘to go and die’, that itself did not constitute the ingredient
of ‘instigation’. This Court held that it was common knowledge that
the words uttered in a quarrel or on the spur of the moment could
not be taken to be uttered with mens rea. It has been held further
that the alleged abusive words were said to have been told to the
deceased on 25th July 1998 during a quarrel and the deceased was
found hanging on 27th July, 1998. This Court held that if the
deceased had taken the abusive language seriously, he had enough
time in between to think over and reflect and therefore, it could not
be said that the abusive language which had been used by the
appellant on 25th July 1998 drove the deceased to commit suicide
on 27th July 1998. It has been held that the suicide by the deceased
was not proximate to the abusive language used two days prior.
Additionally this Court held that a plain reading of the suicide note
made it clear that the deceased was in great stress and depressed
and the suicide note also clearly suggested that it was not the
handiwork of a man with a sound mind and sense. As such, this
Court held that there was no material to establish that the Accused
had abetted the suicide committed by the deceased.
25. Relying on the decision in the case of Sanju @ Sanjay Singh
Sengar (supra), this Court in the case of Gurjit Singh (supra) set
aside the conviction under Section 306 of the IPC as it was clear
from the evidence on record that there was a time gap of about two
months between the last visit of the deceased to her parents with
regard to the illegal demand for money by the Accused-appellant
and the date of commission of suicide by the deceased. As such, this
Court held that there was nothing on record to show that there was
a proximate nexus between the commission of suicide and the
illegal demand made by the Accused-appellant. This Court
observed as follows:
“36. It could further be seen from the evidence on record
that the time gap between the last visit of the deceased to
her parents with regard to the illegal demand and the date
of commission of suicide is about two months. As such, there
is nothing on record to show that there was a proximate
nexus between the commission of suicide and the illegal
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demand made by the appellant. In Sanju v. State of M.P.
[Sanju v. State of M.P., (2002) 5 SCC 371 : 2002 SCC (Cri)
1141] this Court found that there was time gap of 48 hours
between the Accused telling the deceased “to go and die”
and the deceased “committing suicide”. As such, this Court
held that there was no material to establish that the Accused
had abetted the suicide committed by the deceased.”
(emphasis supplied)
26. Thus, this Court has consistently taken the view that
instigation or incitement on the part of the Accused person is the
gravamen of the offence of abetment to suicide. However, it has
been clarified on many occasions that in order to link the act of
instigation to the act of suicide, the two occurrences must be in
close proximity to each other so as to form a nexus or a chain, with
the act of suicide by the deceased being a direct result of the act of
instigation by the Accused person. ”
58. From the above decisions, it is clear that, in the context of
matrimonial discord and the ordinary conflicts that may arise between a
husband and wife, a husband telling his wife to go and die, without the
requisite intention or conduct amounting to abetment of suicide, would
not, by itself, constitute an offence under Section 306 of the Indian Penal
Code. In the light of the principles laid down in the above decisions, this
Court is of the considered view that the facts of the present case do not
attract the offence punishable under Section 306 of the Indian Penal
Code.
59.Further, the trial Court primarily relied upon Ex.P.8, the dying
declaration, to record a conviction under Section 306 of the Indian Penal
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Code. However, on a careful perusal of the examination of the Accused
under Section 313(1)(b) of the Code of Criminal Procedure, it is found
that the contents of Ex.P.8, the dying declaration, were not put to the
appellant for his explanation. It is a well-settled principle of law that an
incriminating circumstance that has not been brought to the notice of the
Accused during examination under Section 313(1)(b) of the Code of
Criminal Procedure cannot be relied upon to sustain a conviction.
60.In the present case, the trial Court failed to put the contents of
Ex.P.8 dying declaration, to the appellant during his examination under
Section 313(1)(b) of the Code of Criminal Procedure. Therefore, the said
piece of evidence cannot form the basis for recording a conviction against
the appellant. The Court must ordinarily eschew material circumstances
not put to the Accused from its consideration. Reliance is placed upon the
decision of the Hon’ble Apex Court in Raj Kumar @ Suman v. State
(NCT of Delhi) reported in 2023 SCC OnLine SC 609 wherein the
Hon’ble Apex Court has summarized the law on this point as below:
“ 17. The law consistently laid down by this Court can be
summarized as under:
(i) It is the duty of the Trial Court to put each material
circumstance appearing in the evidence against the accused
specifically, distinctively and separately. The material
circumstance means the circumstance or the material on the
basis of which the prosecution is seeking his conviction;”
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(ii) The object of examination of the accused under Section 313
is to enable the accused to explain any circumstance appearing
against him in the evidence;
(iii) The Court must ordinarily eschew material
circumstances not put to the accused from consideration
while dealing with the case of the particular accused;
(iv) The failure to put material circumstances to the
accused amounts to a serious irregularity. It will vitiate the
trial if it is shown to have prejudiced the accused;
(v) If any irregularity in putting the material circumstance to
the accused does not result in failure of justice, it becomes a
curable defect. However, while deciding whether the defect can
be cured, one of the considerations will be the passage of time
from the date of the incident;
(vi) In case such irregularity is curable, even the
appellate court can question the accused on the material
circumstance which is not put to him; and
(vii) In a given case, the case can be remanded to the
Trial Court from the stage of recording the supplementary
statement of the concerned accused under Section 313 of
CrPC.
(viii) While deciding the question whether prejudice has
been caused to the accused because of the omission,
the delay in raising the contention is only one of the several
factors to be considered. ”
Though the non putting of incriminating circumstances is a curable
defect, even that can be cured by this Court while exercising its appellate
jurisdiction, in view of the forgoing findings that even the dying
declaration does not indicate that the Appellant herein has necessary
intention to abet the suicide of the deceased. Therefore, this Court refrain
from doing so.
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61.Considering all the above circumstances, this Court is of the
considered view that the conviction and sentence imposed on the
appellant by the trial Court for the offence punishable under Section 306
of the Indian Penal Code are unsustainable in law.
62.In the result, this Criminal Appeal is allowed, and the
conviction and sentence imposed on the appellant by the trial Court are
hereby set aside. The bail bond executed by the appellant shall stand
discharged. The fine amount, if any, paid by the appellant shall be
refunded.
16.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PS
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CRL A(MD) No. 455 of 2017
To
1.The Sessions Judge (Fast Track Mahila Court),
Kanyakumari District at Nagercoil.
2.The Inspector of Police,
Boothapandi Police Station,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL A(MD) No. 455 of 2017
S.KARTHIKEYAN, J.
ps
Pre-Delivery Judgment made in
CRL A(MD) No. 455 of 2017
16.10.2026
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