Absence of specific instigation or injuries precludes conviction for abetment of suicide based on routine discord.

The State appealed against the acquittal of the respondent (Prakash) for the offence of abetment of suicide under Section 306 IPC

The prosecution alleged that the respondent habitually subjected his wife, Surekha, to physical and mental cruelty under the influence of liquor

On 16.07.2020, following an alleged assault by the respondent, the deceased consumed pesticide and died during treatment

The trial court acquitted the respondent, noting a lack of external injuries on the deceased and material contradictions in witness testimonies

The State challenged this, arguing that the testimonies of the deceased’s children (PW-1 and PW-2) were sufficient for conviction

1. Whether the prosecution established the essential ingredients of "abetment" as defined under Section 107 IPC to sustain a conviction under Section 306 IPC

2. Whether the alleged physical assault and harassment by the husband amounted to instigation or incitement to commit suicide

The court applied Section 306 of the IPC regarding abetment of suicide and Section 107 of the IPC, which defines abetment as instigation, conspiracy, or intentional aid

Abetment requires a "positive act" and clear mens rea to push the deceased into a position where suicide is the only option (S.S. Cheena v. Vijay Kumar Mahajan)

Instigation must be in close proximity to the act (Prakash v. State of Maharashtra)

Mere threatening or beating does not necessarily constitute instigation for commission of suicide (Mohsin v. State of M.P.)

The court found that while PW-1 and PW-2 alleged a prolonged assault on the night of the incident, the post-mortem report by Dr. Vijay Mohre (PW-13) explicitly stated there were no external injuries, contradicting the claims of physical violence

The court noted the absence of any prior police complaints or FIRs during the 20-year marriage, which cast doubt on the allegation of continuous cruelty

Evidence suggested a potential alternative motive—the deceased’s distress over the respondent's suspicion regarding her association with PW-6

The court determined that the testimonies of other witnesses (PW-3 to PW-5) were hearsay or contained material omissions

Applying the 'two views' doctrine, the court reasoned that since the trial court's view was legally plausible and the prosecution failed to prove a direct act of instigation with clear mens rea, the acquittal was justified

The Court held that the prosecution failed to establish the essential ingredients of abetment under Section 107 IPC read with Section 306 IPC

It concluded that mere allegations of discord or assault, without evidence of a positive act intended to incite suicide, are insufficient to reverse an acquittal, especially when medical evidence does not support the alleged violence