Mere matrimonial discord and emotional disappointment, without positive incitement, do not establish abetment of suicide.

Kavita married Manoj Kumar on 23 November 2012 and lived with him and his parents.

On 12 June 2013, she died by suicide.

Her mother appealed against the acquittal of Manoj Kumar, Rameshwar Dayal and Usha Devi of offences under Sections 498A and 304B IPC.

The Trial Court found no evidence of cruelty or dowry-related harassment and relied on Kavita’s suicide note, which contained no allegation of either.

In the appeal, the mother argued that the diary entries and other material supported, at least, a charge under Section 306 IPC.

1. Whether the accused were rightly acquitted of offences under Sections 498A and 304B IPC

2. Whether the suicide note and diary entries established abetment of suicide under Section 306 IPC

Sections 498A and 304B IPC require proof of their respective essential ingredients; for Section 304B, the prosecution must establish the statutory conditions before the presumption under Section 113B of the Evidence Act can arise.

The suicide note was treated as a dying declaration relevant under Section 32(1) of the Evidence Act.

Under Section 306 IPC, abetment requires the requisite mens rea and an act of instigation, intentional aid or other positive conduct that incites or drives the deceased to suicide; mere harassment or ordinary discord, without sufficient evidence of such conduct, is not enough.

The Court applied Gangula Mohan Reddy v. State of A.P., (2010) 1 SCC 750, and Ude Singh v. State of Haryana, (2019) 17 SCC 301.

The Court considered the suicide note and diary entries together.

Although they reflected marital difficulties, isolation and disappointment, they also showed Kavita’s affection for her husband and in-laws.

The suicide note made no allegation of dowry demand or violence, and the record did not establish cruelty or harassment soon before death so as to satisfy the requirements for Sections 498A or 304B IPC or to raise the Section 113B presumption.

The entries described emotional distress and disagreements but did not establish a positive or proximate act of instigation, or other conduct amounting to abetment under Section 306 IPC.

It found no basis to interfere with the acquittal and dismissed the appeal.

Pending applications were disposed of, and the respondents’ personal/bail bonds and sureties were discharged.