A Section 306 conviction cannot stand without evidence establishing abetment under Section 107 IPC.

The prosecution alleged that the appellant repeatedly visited the deceased’s home and telephoned her, pressuring her to have an illicit relationship with him. It alleged that, unable to tolerate the resulting harassment, the deceased consumed rat poison and died by suicide on 11 July 2012

Although the charge-sheet was filed under Section 302 IPC, the Sessions Court framed a charge under Section 306 IPC and convicted the appellant, sentencing him to five years’ imprisonment and a fine of ₹10,000

In the appeal, the appellant challenged the conviction, arguing that the prosecution had failed to establish the ingredients of abetment

Whether the appellant had established grounds to interfere with the judgment of conviction and order on sentence

Whether the prosecution evidence established the appellant’s guilt under Section 306 IPC

Section 306 IPC concerns abetment of suicide, and the judgment considered whether the prosecution had established the required ingredients of abetment under Section 107 IPC

The Court did not set out a broader test or cite precedent; it assessed whether the evidence on record substantiated the prosecution’s allegation of abetment

The husband, examined as PW1, denied the allegation and the contents of his complaint; the father-in-law, PW2, denied making the statement attributed to him; and PW3, an inquest panch witness, did not support the prosecution

Although these witnesses were treated as hostile, the prosecution elicited no favourable evidence from them to substantiate its case

The Court therefore found no evidentiary basis for the conviction and held that the trial court had convicted the appellant without proper reasons

Any fine deposited was to be returned in accordance with law, the appellant’s bail bond was cancelled, and the trial court records were directed to be returned