'Neighbourhood Quarrel Didn't Amount To Abetment Of Suicide' : Supreme Court Acquits Woman In S.306 IPC Case

The Supreme Court recently acquitted a woman accused of abetting suicide of her neighbor, noting that neighborhood quarrels are common to community living and for the charge of abetment of suicide, instigation must rise to a level that left the victim with no choice but to end their life."we are not able to persuade ourselves to hold that when the appellant's family and the victim's family had heated exchanges, there was any intention to abet or to cause any member of either family to take their own life. These quarrels occur in everyday life, and on facts we are not able to conclude that there was an instigation on the part of the appellant to such an extent that the victim was left with no other option but to commit suicide" observed a bench of Justices BV Nagarathna and KV Viswanathan.The Court was dealing with a challenge to the Karnataka High Court judgment, which upheld the appellant's conviction under Section 306 IPC but acquitted her for the offence punishable under Section 3(2)(v) of the SC/ST Act, as the material available on record was insufficient. Vide the impugned judgment, the appellant was sentenced to undergo 3 years' imprisonment as well as to pay fine of Rs.5000.As per the prosecution case, the appellant and the victim-neighbor were constantly at loggerheads. The victim was a private teacher who gave tuitions at home. Annoyed by the noise coming from her house, as well as her scolding of children from their house, the appellant fought with the victim, hurled casteist abuses at her, taunted her of being unmarried at the age of 25, as well as physically assaulted her alongwith her family members. On the fateful day, the victim poured kerosene on herself and set herself ablaze. She gave a statement in the hospital when she was stable, blaming the appellant and her family members. Later, she succumbed to her injuries.The Trial Court acquitted the appellant's family members, but convicted her under Section 306 IPC and Section 3(2)(v) of the SC/ST Act. A sentence of 5 years' imprisonment was imposed for the offence under Section 306 and sentence of life imprisonment, along with a fine of Rs. 5,000/-, for offence punishable under Section 3(2)(v) of the SC/ST Act.After going through the material on record, and judicial precedents on the subject, the Supreme Court set aside the appellant's conviction under Section 306. Taking the prosecution case at its highest, the Court acknowledged that there were heated exchanges between the parties and physical blows were also allegedly administered by the appellant's party. But insofar as the latter allegation, the appellant stood acquitted and the State had not preferred any appeal.From the High Court judgment, it was noted that the victim was a sensitive person and lacked support in the fight against the appellant. As the appellant had support of her family, "the victim felt miserable having felt that she lost the fight, which impulsively prompted her to take the extreme step of committing suicide, at the height of depressed mood consequently resulting in her death". It was also observed that the allegation of appellant hurling casteist abuse was not supported by most of the victim's neighbors.Relying on Madan Mohan Singh v. State of Gujarat and Amalendu Pal alias Jhantu v. State of West Bengal, the Court opined that to attract the offense under Section 306, specific abetment intended at bringing about death of the victim is required. The harassment meted out should be of such nature that left the victim with no choice but to end their life."Though 'love thy neighbour' is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?," the Court observed.Ultimately, the Court allowed the appeal and set aside the High Court judgment. The appellant was acquitted of the charge under Section 306 and her bail bonds discharged.Case Title: GEETA VERSUS THE STATE OF KARNATAKA, CRIMINAL APPEAL NO.1044 OF 2018Citation : 2025 LiveLaw (SC) 888Click here to read the judgmentAlso Read - For Abetment Of Suicide Offence, Alleged Harassment Must Have Left Victim With No Other Alternative But To End Life : Supreme Court

'Neighbourhood Quarrel Didn't Amount To Abetment Of Suicide' : Supreme Court Acquits Woman In S.306 IPC Case

Debby Jain

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