Does discord in matrimonial life alone amount to abetment of suicide under Section 306 of the Indian Penal Code, 1860?
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
No. Abetment under Section 306 read with Section 107 requires the accused's intention to instigate, aid or abet the suicide; mere disputes or discord in matrimonial life, without more, are not sufficient.
Indian Penal Code, 1860 — s.306 — s.107 — s.498-A — Appellate review of acquittal — Abetment of suicide — Criminal appeal — Appellate review of acquittal — Perverse or impossible finding required — Held: A High Court reversing an acquittal must find that the Sessions Court's view was perverse or impossible on the evidence. It must give due weight to the presumption of innocence and to the trial judge's view of the credibility of the witnesses. (¶7, 13) Indian Penal Code, 1860 — s.306 — s.107 — Abetment of suicide — Marital discord insufficient — Held further: Section 306 read with Section 107 requires proof of intention to instigate, aid or abet the suicide; mere disputes or discord in matrimonial life do not attract these provisions. Appeal allowed; the impugned judgment is set aside and the appellant is acquitted. (¶14, 15, 17)
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