Abetment Of Suicide: P&H High Court Acquits Woman Accused Of Slapping Husband, Asking Him To Die Anywhere

The bench comprising Justice Sureshwar Thakur further added that both PW-1, and, PW-2 (parents of deceased) are contriving the factum of lack of cordiality amongst the appellant and deceased.

"Echoings in the examination-in-Chief of PW-1, does become an invented or a contrived fact, and, obviously no credence can be assigned thereto."

The court was dealing hearing the woman's appeal against convicted under Sections 306, 120-B of the IPC and sentence of seven years rigorous imprisonment.

Father of the deceased had lodged an FIR alleging that after some time of the marriage, accused-wife started fighting with the deceased-husband. In a particular incident, it was alleged that the woman slapped her husband and commented that he should die anywhere so that she can find a suitable match for her. Thereafter, it is alleged that his son suffered shame and set himself ablaze.

For analyzing the credibility of evidence of deceased's parents, the Court keenly analysed their respective depositions.

After considering the rival submission of the parties, the Court, dispelled the factum of any marital strife between the convict-appellant and the deceased along with the allegation of the appellant leaving parental home after a fight with the deceased.

The apt corollary thereof, is that, the judicial conscience of this Court is completely convinced about both PW-1, and, PW-2, contriving the factum of there being lack of cordiality amongst the married partners concerned. Therefore, the above cannot comprise the strata for concluding, that thereons becomes well-rested the relevant penally inculpable instigatory fact.

Moreover, the court noted that no one else other than the parents of the deceased have witnessed the alleged crime and even if it is assumed, that the act of quarrelling and slapping by the convict-wife is true, yet it does not constitute the relevant instigatory actus reus for the deceased to commit suicide.

For the reasons stated above, the Court acquitted convict-appellant of the charges.

Case Title: Kiran Kaur Versus State of Punjab

Citation:2022 LiveLaw (PH) 238