The Karnataka High Court recently overturned a lower court’s decision that had convicted a woman and her partner for abetment of suicide following the death of her husband.
Justice Shivashankar Amarannavar, presiding over the case, ruled that the husband’s suicide, which allegedly occurred because of his wife’s extramarital affair with the co-accused, was not sufficient grounds to charge them under Section 306 of the Indian Penal Code, which deals with abetment of suicide.
The judge further explained that while the accused had reportedly told the deceased to “go die” in the days leading up to his death, this statement alone did not amount to abetment without clear instigation or intent.
“Accused Nos. 1 and 2 did not intend for the deceased to take his own life. Merely telling the deceased to ‘go and die’ so they could live happily does not constitute abetment. It seems that the deceased was emotionally sensitive and may have been driven to suicide due to his wife’s affair with Accused No. 2. However, the evidence on record does not support the conclusion that the accused actively encouraged or assisted the deceased to commit suicide,” the court noted.
As a result, the High Court set aside the trial court’s conviction of the appellants, Prema and Basavalinge Gowda, and acquitted them of all charges.
Case Title: Prema Vs State
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