Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss.306/34 - Abetment to suicide Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.306/34 - Abetment to suicide - Suicide by consuming pesticide by mother and two daughters - Suicide note attributing harassment to the appellant and other in-laws family members - Prosecution case was that the deceased-mother was deprived of share in the in-laws property and was ill treated, harassed and intimidated by them after disappearance of her husband - Trial court held the appellant and one of the co-accused guilty - High Court affirmed the same - On appeal, Held: The basic ingredients of s.306 are suicidal death and the abetment thereof - To constitute abetment, the intention and involvement of accused to aid or instigate the commission of suicide is imperative - In the instant case, there was neither any proximate nor remote act of omission or commission on the part of the appellant and his family members to be a direct or indirect cause compelling the deceased- mot her and her daughters to take the extreme step of self- elimination - In the suicide note, there was no reference of any specific incident in support of the allegation - The materials on record do not suggest even remotely any act of cruelty, oppression, harassment or inducement so as to persistently provoke or compel the deceased to resort to self-extinction being left with no other alternative - The ingredients of the offence of s.306 having not been proved, appellant is entitled to acquittal. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 1092 |
Petitioner | Gurcharan Singh |
Respondent | State Of Punjab |
SCR | [2016] 8 S.C.R. 741 |
Judgement Date | 2016-12-02 |
Case Number | 1135 |
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