The Karnataka High Court overturned a trial court’s conviction of wife for abetment to suicide after her husband allegedly took his life due to his wife’s extramarital relationship.

The Single Bench of Justice Shivashankar Amarannavar ruled that an illicit relationship alone does not meet the criteria for abetment under Section 306 of the Indian Penal Code (IPC).

"The act of accused persons having illicit relationship does not amount to abetment to commit suicide. There should be evidence capable of suggesting that accused persons intended, by specific acts, to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, the accused cannot be convicted for offence punishable under Section 306 of the IPC," the Single-Judge observed.

The Court clarified that abetment, as per Section 107 IPC, requires explicit instigation through active suggestions or encouragement intended to provoke the deceased to commit suicide. In this case, no evidence indicated that the accused had intended for her husband to end his life.

Advocate A N Radha Krishna appeared for the appellant, and Advocate B Lakshman (HCGP) appeared for the respondent.

The prosecution case was that, despite husband's objections, the accused continued her relationship with another person, and during a confrontation on July 10, 2010, The other person allegedly told the husband to “go and die.” Days later, on July 15, 2010, the husband was found to have taken his own life. Witnesses testified about a panchayat held regarding the affair, but the court noted that the prosecution had neither examined any panchayat members nor provided dates for the meeting.

The Court concluded that such statements, including the accused’s alleged remark, did not constitute abetment. It observed that husband's reaction might have stemmed from his sensitivity to the affair, rather than instigation by the accused.

"Merely because the accused persons asked the deceased to go and die so that they can life happily will not amount to abetment. It appears, that the deceased was sensitive as his wife - accused No. 1 had illicit relationship with accused No. 2 and upset by that, he might have committed suicide. The evidence on record will not establish that the accused persons, by their acts, abetted the deceased to commit suicide. Without considering all these aspects the learned Sessions Judge has erred in convicting the accused persons for offence punishable under Section 306 of IPC," the Court said.

Consequently, the Court thereby set aside the trial court’s ruling, stating that without evidence of clear instigation, the conviction could not stand, and allowed the appeal.

Cause Title: Prema v. State of Karnataka [Neutral Citation No. 2024:KHC:44138]

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Justice Shivashankar AmarannavarKarnataka High Court

Sukriti Mishra