Mere Beating Five Days Before Suicide, Without Intent To Instigate Does Not Prove Abetment: Chhattisgarh High Court Acquits Accused
The Chhattisgarh High Court has acquitted four accused convicted under Sections 306/34 of the Indian Penal Code, holding that the beating of a woman five days before her suicide, without evidence of an intention to instigate her to take her life, does not establish abetment of suicide. The Court observed that a conviction under Section 306 IPC requires clear, conscious and deliberate intention on the part of the accused to instigate or drive the victim to commit suicide.
Justice Naresh Kumar Chandravanshi was hearing an appeal filed by the accused challenging their conviction by the Second Upper Sessions Judge, which had sentenced them to 10 years of rigorous imprisonment for abetment of suicide.
According to the prosecution, the deceased was present at the house of her prospective husband when the accused, who were her distant relatives, objected to their presence together. A quarrel followed, during which the accused assaulted the couple. The prosecution alleged that the deceased was distressed by the incident and, five days later, consumed poison and died.
The accused challenged the conviction, arguing that the incident involved a dispute over the couple's presence in the house and that there was no intention to instigate the deceased to commit suicide. They also questioned the reliance placed on the alleged suicide note, contending that the handwriting expert's report had not been proved.
The Court noted that the prosecution had established that the accused assaulted the deceased and her prospective husband. It further noted that for abetment, there must be, firstly, direct or indirect instigation; secondly, in close proximity to the commission of suicide; and thirdly, clear mens rea to abet the commission of suicide.
The Court observed that nothing on record established that the accused had assaulted the deceased with the intention of instigating her to commit suicide. It also noted that she had died by suicide approximately five days after the incident.
“If the deceased had felt insulted to such an extent that she was compelled to commit suicide, she might have committed suicide immediately after the incident; however, she committed suicide after about five days from the date of incident,” the Court remarked.
The Court held that there must be a clear, conscious and deliberate intention (mens rea) on the part of the accused to instigate or drive the victim to commit suicide.
“If a person ends his life due to depression, frustration or hypersensitivity on account of a trivial issue, the accused persons cannot be blamed or convicted, unless they actively goaded, instigated or abetted the victim to commit suicide,” the Court observed.
Finding that the prosecution had failed to prove the ingredients of abetment of suicide, the Court set aside the conviction and sentence under Sections 306/34 IPC and acquitted the accused.
Case Title: Smt. Lakhapatiya Bai & Ors. v. State of Chhattisgarh [Criminal Appeal No. 364 of 2013]