Section 306 IPC l Section 417 IPC l Section 376 IPC l Dr. Jinesh Soni l 2024

Описание: In this case, It had been observed that
In Prabhu (supra) the Court further observed that broken relationships and heart breaks are part of everyday life and that breaking-up of the relationship would not constitute any instigation or abetment of suicide inasmuch as in order to constitute ‘Instigation’ it must be shown that the accused had by his acts and omissions or by continued course of
conduct created such circumstances that the deceased was left with no other option except to commit suicide. There is no direct evidence adduced by the prosecution to
prove that the accused-appellant has in any way instigated or provoked the deceased to commit suicide. The accused- appellant on asking of the deceased had simply refused to
marry her which is not a positive act on his part with any intention to abet the crime of suicide. If we examine the instant case on the touch stone of the above principles of law, we find that the accused-appellant had simply refused to marry the deceased and thus, even
assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not
provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakatiya, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide.
Even assuming, though there is no evidence that the accused-appellant promised to marry the deceased, that there was such a promise, it is again a simple case of a
broken relationship for which there is a different cause of action, but not prosecution or conviction for an offence under Section 306, specially in the facts and circumstances

the case where no guilty intention or men's rea on the part of the accused-appellant had been established. In view of the facts and circumstances of the case, we are of the opinion that the judgment and order of the High Court dated 15.12.2011 cannot be sustained in law and is hereby set aside and the accused-appellant stands acquitted as was
done by the trial court The appeal is allowed with no order as to cost.

Dr. Jinesh Soni
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