Man commits suicide due to woman’s illegal relationship, no basis for conviction for abetment to suicide: Karnataka High Court

The Karnataka High Court has said that a husband who commits suicide, allegedly because his wife is having an illicit relationship with another man, cannot be a ground for convicting the wife on suicide charges.

A single right bench of Judge Shivashankar Amarannavar allowed the appeal filed by Prema and Basavalinge Gowda and set aside the order of conviction passed by the court.

The Court noted that according to the definition of abutment, there must be an inducement to do so and that it then amounts to instigation. A person is said to have induced another to act when he actively suggests or encourages him to act by means of language, directly or indirectly, whether it takes the form of an express request, or of hints, insinuation or encouragement.

It said “The act of accused persons who are in illicit relationship does not amount to abetment to suicide. There must be evidence to indicate that the suspects, by specific acts, intended to induce the deceased to commit suicide. Unless the ingredients of incitement/incitement to suicide is satisfied, the accused cannot be convicted of an offense punishable under Section 306 of the IPC.”

According to the prosecution, the accused had illicit relations and the deceased – Shivamadashetty – husband of accused No. 1 (Prema) always objected. Despite this, Suspect No. 1 continued the illegal relations with Suspect No. 2. It is alleged that on July 10, 2010, at about 4:00 PM, accused No. 2 called the deceased in front of the house of the deceased and asked him to die so that both of them would live happily. After this, the deceased committed suicide on 15-07-2010 by hanging himself from a tree.

After recording witness statements, the court found the suspects guilty and convicted them. In appeal, they submitted that merely having an illicit relationship and quarreling with the deceased does not amount to sedition within the meaning of Section 107 of the IPC. Moreover, persons staying near the residence of the deceased and suspect no.1 have not been investigated.

It was also alleged that there was enmity between PW1 and accused No. 1 regarding an argument and accused No. 1 had consumed poison, a false case was filed by PW1 against the accused.

The prosecutor has opposed the appeal and believes that the evidence from witnesses is sufficient to convict the suspect.

While going through the evidence and records, the court noted that it has been stated by the witnesses that a panchayat was held in respect of the said illicit relationship between accused Nos. 1 and 2. However, none of the panchayatdars have been examined in respect of the panchayat held, the date of the said panchayat is also not mentioned by the prosecution witnesses.

She did not believe the evidence of a witness who claimed that she came to know that suspect No. 2 had attacked the deceased 15 days before the deceased committed suicide. The court said: “ If accused No. 2 had attacked the deceased, the option was open to the deceased to file a complaint and not commit suicide.”

“Assertion by the accused to the deceased to go and die” so that they can live happily, the court said: “Will not amount to an increase.” It added, “Accused Nos. 1 and 2 had not intended that the deceased would commit suicide.”

The court further noted: “It appears that the deceased was sensitive because his wife – Accused No. 1 was having an illicit relationship with Accused No. 2 and therefore distressed, he might have committed suicide.”

The court held “The evidence on record will not show that the suspects by their actions incited the deceased to commit suicide. Without considering all these aspects, the learned Sessions Judge erred in convicting the accused for an offense punishable under Section 306 of the IPC.”

Accordingly, it allowed the appeal.

Appearance: Advocate AN Radha Krishna for the appellants

HCGP B Lakshman for the defendant.

Citation number: 2024 LiveLaw (Kar) 463

Case Title: Prema & ANR AND Karnataka State

Case No.: CRIMINAL APPEAL No. 54 OF 2013

Click here to read/download the order