The Karnataka High Court has ruled that a wife cannot be held criminally liable for her husband’s suicide simply because she had an illicit relationship.
Justice Shivashankar Amarannavar quashed the conviction of a woman, Prema, and her partner, Basavalinge Gowda, who had been found guilty of abetment of suicide under Section 306 of the Indian Penal Code (IPC).
The Court observed that the husband’s suicide due to emotional distress over his wife’s relationship was not sufficient to prove that the accused abetted the act. Even though the accused had allegedly told the deceased to “go die” a few days before the incident, the judge clarified that mere utterance of such words, without any intention to instigate, cannot amount to abetment.
The Court further noted that the evidence showed the deceased was highly sensitive about his wife’s affair and may have taken his own life due to personal anguish. However, there was no material to prove that the accused intended or provoked him to commit suicide.
Accordingly, the High Court set aside the trial court’s conviction and acquitted both Prema and Basavalinge Gowda of all charges.
Case Title: Prema v. State
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