Whether mere quarrel on the day of the occurrence attracts offence of Abetment of Suicide u/s. 306 of IPC? SC replies (Read Judgment)

The Apex Court bench comprising Justice M. R. Shah and Justice Aniruddha Bose in case titled Velladurai v. State represented by the Inspector of Police give their opinion on whether mere quarrel on the day of the occurrence attracts offence of Abetment of Suicide u/s. 306 of IPC?

Facts of the case:

In the instant case, the appellant (Husband) married with the deceased (Wife) 25 years prior to the occurrence and out of wedlock, they had 3 children. On the day of occurrence, there was some quarrel between the deceased and the accused. Thereafter both the deceased as well as the appellant consumed pesticide. However, the appellant survived, but his wife died due to consuming the pesticide. The younger brother of the deceased – PW1 lodged a complaint stating that the appellant is having intimacy with the other woman. In this regard a panchayat was also convened by elders prior to the occurrence and due to which on 7.5.2007 there was a quarrel and both of them consumed pesticide and were taken to the local private hospital and the deceased died and the appellant discharged after 4 days. Therefore, it was alleged against the appellant that he has committed the offence under Section 306 IPC.

Lower Court’s observation and Judgment:

Trial Court convicted the appellant for the offence under Section 306 IPC and sentenced him to undergo 7 years RI and to pay a fine of Rs. 2500/-, and also for the offence under Section 4(b) of the Tamil Nadu Prohibition of Harassment of Women Act and sentenced him to undergo three years RI and to pay a fine of Rs.2500/-, in default of payment of fine, three months simple imprisonment. The High Court has partly allowed the appeal filed against the said order and confirmed the conviction for the offence under Section 306 IPC, but reduced the sentence to three years RI.

Submission of the appellant:

The appellant has submitted that it is also not in dispute that the quarrel had taken place, but at the same time the appellant also consumed pesticide along with his wife. However, unfortunately the wife died. It is submitted that except the quarrel between the appellant-husband and the deceased-wife on the day of occurrence, there is no further evidence making out a case for the offence under Section 306 IPC.

Contentions of the respondent:

The respondent submitted that there were frequent quarrels between the husband and the wife and that is why the deceased committed suicide. It is submitted therefore in the facts and circumstances of the case, no error has been committed by the courts below in convicting the accused for the offence under Section 306 IPC read with Section 4(b) of Tamil Nadu Prohibition of Harassment of Women Act.

Apex Court’s observation and Judgment:

The earlier quarrels between the husband and the wife on the allegation that the appellant-accused was having an illicit relationship with another woman has not been established and proved by the prosecution.

Abetment by a person is when a person instigates another to do

something. In the instant case, the allegation against the appellant is that there was a quarrel on the day of occurrence. There is no other material on record which indicates abetment. There is no material on record that the appellant-accused played an active role by an act of instigating the deceased to facilitate the commission of suicide. On the contrary, in the present case, even the appellant-accused also tried to commit suicide and consumed pesticide. Hence, there is no other material on record which indicates abetment, both the High Court as well as the Trial Court have committed an error in convicting the appellant for the offence under Section 306 IPC. The appeal is allowed.

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