To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code (abetment of suicide).

In this case, a chargesheet was lodged against the accused under Section 306 IPC. Following the death of his wife, her father who was then functioning as a Sub-Inspector of Police, had given a complaint against him alleging abetment of suicide. His petition seeking quashing of FIR was dismissed by the High Court.

In appeal, the Apex Court bench of Justices MM Sundresh and JB Pardiwala noted that the very factum of death by suicide has not been proved and that the accused was not in speaking terms with the deceased wife.

"The de facto complainant being a police officer himself has not given a compliant promptly after the death. On the contrary, he himself performed the cremation the next day, and gave the complaint on 18.04.2009. Statement of LW13 has to be understood on the attending circumstances. The statement given by LW3 also has no value and substance. It is rather strange that the de facto complainant and his family were not aware of any of the facts alleged till such time, especially when the deceased and the accused were visiting them frequently, and the occurrence took place in the de facto complainant’s house.", the court noted.

While allowing the appeal, the court observed that the continuation of trial would certainly be prejudicial to the appellant, as there is no material evidence sufficient enough to attract the ingredients of Section 306 IPC. 

"To attract the ingredients of Section 306 IPC, there must be evidence to substantiate the existence of suicide. It should be followed by abetment, as required under Section 107 of the IPC. In as much as we do not find any merit in evidence to support the case of the prosecution that there was a suicide, thereby the statement recorded from LW25 itself shows that the deceased was ailing and therefore, not keeping in good health.", the court added.

Yaddanapudi Madhusudhana Rao vs State of Andhra Pradesh | 2023 LiveLaw (SC) 641 | CrA 901 of 2017

Indian Penal Code, 1860 ; Section 306, 107 - To attract the ingredients of Section 306 IPC, there must be evidence to substantiate the existence of suicide. It should be followed by abetment, as required under Section 107 of the IPC. (Para 9)

Click Here To Read/Download Order