Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide.

A single-judge bench of Justice Shivashankar Amarannavar allowed the appeal filed by Prema and Basavalinge Gowda and set aside the conviction order passed by the trial court.

Court noted that as per the definition of abutment, there should be instigation to do that thing and then it amounts to abetment. A person is said to have instigated another to an act when he actively suggests or stimulates him to act by means of language, direct or indirect, whether it takes the form of express solicitation, or of hints, insinuation or encouragement.

It said “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 an offence punishable under Section 306 of IPC.”

As per the prosecution case, the accused were having illicit relations, and the deceased – Shivamadashetty – husband of accused No. 1 (Prema) used to object. In spite of that, accused No.1 continued illicit relations with accused No. 2. It is alleged that on 10.07.2010, at about 04.00 pm, accused No. 2, in front of the house of the deceased, called the deceased and asked him to die so that they both will live happily. Following this the deceased committed suicide on 15.07.2010 by hanging to a tree.

On recording the evidence of witnesses the trial court found the accused guilty and convicted them. In appeal, they argued that merely having an illicit relationship and quarrelling with the deceased does not amount to abetment as defined under Section 107 of IPC. Moreover, persons who are residing in the neighbourhood of the house of the deceased and accused No.1 have not been examined.

It was also claimed that there was enmity between P.W.1 and accused No. 1 with regard to a quarrel and accused No. 1 had consumed poison, a false case came to foisted by P.W.1 against the accused persons.

The prosecution opposed the appeal saying the evidence of witnesses is sufficient to convict the accused.

On going through the evidence and records the court noted that it is stated by the witnesses that a panchayat was held with regard to the said illicit relationship between accused Nos.1 and 2. However, none of the panchayatdars have been examined with regard to the panchayat held, the date of the said panchayat is also not stated by the prosecution witnesses.

Disbelieving the evidence of a witness who claimed that she came to know that accused No. 2 had assaulted the deceased 15 days prior to the deceased committing suicide. The court said, “ If accused No. 2 had assaulted the deceased, the option open for the deceased was to file a complaint and not to commit suicide.”

"Assertion made by the accused to the deceased to go and die" so that they can live happily, the court said, “Will not amount to abetment.” It added, “Accused Nos. 1 and 2 had not intended that the deceased should commit suicide.”

Further, the court observed, “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 court held “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.”

Accordingly, it allowed the appeal.

Appearance: Advocate A N Radha Krishna for Appellants

HCGP B Lakshman for Respondent.

Citation No: 2024 LiveLaw (Kar) 463

Case Title: Prema & ANR AND State of Karnataka

Case No: CRIMINAL APPEAL No. 54 OF 2013

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