Alleged Easy Character Of Wife Not Indicative Of Her Abetting Husband's Suicide, Mens Rea A Necessary Concomitant Of Instigation: Punjab & Haryana HC

In a case pertaining to a husband committing suicide and snuffing the life of his son, leaving behind a note about his wife's illicit affairs, Justice Vikas Bahl has noted that even if the wife has been alleged to be of easy virtue, it is not indicative of her instigating or abetting or aiding the commission of suicide by her husband.

"The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action and the presence of mens rea is a necessary concomitant of the investigation."

The case revolved around an FIR filed on the statement of the applicant-petitioner wife stating her suspicion about her husband consuming a poisonous substance. The applicant-petitioner suspected that because the husband was upset with her over her threatening to kill the husband's entire family, he had consumed the poisonous substance and had committed suicide on 2^nd November 2020.

Counsel for the petitioner made vociferous arguments that the whole FIR was based on suspicion and prima facie there was no material available to connect the petitioner with the suicide of the deceased.

Neither had the deceased made any complaint against his wife pertaining to her alleged threat, nor had any suicide note been found on him and since there was a lack of dying declaration and SP(D) enquiry had found no role of the petitioner in the suicide, the counsel urged that the petitioner's prayer of anticipatory bail may kindly be granted.

Counsel for respondent opposed the granting of bail submitting that though the SP(D) had enquired in the matter and concluded in favour of the petitioner but the same was still pending before the SSP and thus, bail should be avoided at this stage.

The Court referred to a judgment of the High Court in the case of State of Punjab v. Kamaljit Kaur @Bholi & Another, where the accused was charged with inciting the suicide of her husband, who had also snuffed the life of his son and the court had noted that although charge could be framed on mere suspicion and evidence need not be looked at meticulously, however, if there was no prima facie case against the accused and the provisions S.107 of Indian Penal Code were not met, then the accused was liable to be granted bail.

Perusing the above judgment, the High Court in the present matter observed that for an offence under S.306 of IPC, ingredients laid out in S.107 of IPC must be met. Instigate denotes incitement and there was no evidence of incitement found in the present case.

The Court further noted that "A person may be a bad wife but her conduct was not for the purpose to incite the deceased to commit suicide."

Referring to another judgment, Maya v. the State of Punjab, the court stated that there is no suicide note, no dying declaration and no complaints made by the deceased regarding the alleged threats by the petitioner and thus, prima facie, there was no case against the wife.

The Court allowed the present petition and granted the concession of anticipatory bail to the petitioner, subject to her furnishing personal bonds ad surety to the satisfaction of investigating officer and conditions under S. 438(2), CrPC.