Summary
The wife of a man who died by suicide was discharged from prosecution under Section 306 IPC. The alleged marital disputes and harassment disclosed no proximate link, intentional aid or instigation to suicide in the investigation material. Neither the mother’s statement nor those of colleagues identified an active act attributable to the wife satisfying Section 107.
Issues
- Whether the prosecution material prima facie established abetment of suicide by the appellant wife.
- Whether allegations of marital harassment supplied the required intentional act and proximate connection to suicide.
Provisions considered
- Sections 107 and 306, Indian Penal Code, 1860The Court required prima facie material showing instigation, qualifying conspiracy or intentional aid linked to suicide; the alleged marital disputes did not satisfy those ingredients. (¶¶ 7, 8, 9, 10, 11, 12, 13, 14)
Held
- Section 306 read with Section 107 requires instigation, a conspiracy accompanied by an act or illegal omission in furtherance, or intentional aid to suicide. Clear mens rea and an active or direct act are essential; allegations of harassment alone do not establish abetment without the necessary connection to the death. (¶¶ 7, 8, 9, 10)
- Instigation may be inferred from an intentional course of conduct creating circumstances compelling suicide, but words spoken in anger without intended consequences are insufficient. The facts must support the required intention and incitement. (¶¶ 11, 12)
- The investigation disclosed no proximate link between the marital dispute and suicide, and no active, positive or direct act of instigation or intentional aid by the wife. The complainant’s and colleagues’ statements did not supply those ingredients; continuation of the prosecution was unwarranted. (¶¶ 13, 14, 15)
Result
Appeal allowed; High Court order set aside and appellant’s discharge application allowed.