Summary
The accused's refusal to marry a woman who loved him, after which she took poison she had brought with her, was not abetment of suicide. It involved no instigation, no positive act and no mens rea, and at most showed a broken relationship. The evidence also failed to prove a promise to marry or a physical relationship. The High Court's reversal of the acquittal under Sections 417 and 306 IPC was set aside and the trial court's acquittal restored.
Issues
- Whether the accused's refusal to marry the deceased, after which she consumed poison, amounted to abetment of suicide under Section 306 IPC.
- Whether the evidence proved a promise to marry, a physical relationship or deception supporting the conviction for cheating under Section 417 IPC.
- Whether the High Court was justified in reversing the trial court's acquittal.
Provisions considered
- Section 306, Indian Penal Code, 1860The Court held that abetment is an essential ingredient of the offence, and that a refusal to marry, or the breaking off of a relationship, without intent to push the deceased to suicide does not satisfy it. (¶¶ 18, 19, 29, 30, 31)
- Section 107, Indian Penal Code, 1860Under the first clause, abetment includes instigating a person to do a thing. Instigation means provoking, inciting or encouraging the act, and requires a positive act and clear mens rea on the accused's part. (¶¶ 20, 21, 22, 23)
- Section 417, Indian Penal Code, 1860The cheating conviction rested on an alleged false promise of marriage and a physical relationship. The Court found that neither the promise nor any physical relationship was proved, and set aside this conviction along with the conviction under Section 306. (¶¶ 17, 32)
Held
- Neither dying declaration alleged a physical relationship, intercourse on a promise of marriage, or instigation to commit suicide. The panchayat document said to record the promise to marry was not produced, and no call records showed contact between the two. The evidence therefore proved no physical relationship, no promise to marry, and no instigation by the accused. (¶¶ 16, 17)
- A conviction under Section 306 IPC requires instigation or intentional aiding, which involves a positive act and clear mens rea to abet the suicide. An active or direct act that leaves the deceased no option is needed; words or conduct without guilty intention do not suffice. (¶¶ 19, 21, 22, 23, 24, 25, 26)
- Broken relationships and heartbreak are part of everyday life, and ending a relationship is not instigation unless the accused, by acts, omissions or a continued course of conduct, created circumstances leaving the deceased no choice but suicide. (¶¶ 27, 28)
- Simply refusing to marry the deceased when she asked was not a positive act intended to abet suicide. She had carried the poison from her village with a predetermined mind, so the case was at most one of a broken relationship. (¶¶ 29, 30)
- Even if a promise to marry had been made, its breach would be a broken relationship giving rise to a different cause of action, not a prosecution under Section 306 IPC, where no mens rea is established. (¶ 31)
Result
Appeal allowed; High Court judgment of 15.12.2011 set aside and the appellant acquitted, as the trial court had done. No order as to costs.