The Supreme Court on Tuesday held that a quarrel on the day of occurrence of suicide doesn't amount to instigating the deceased to facilitate the commission of suicide, especially when "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."
A bench of Justice Justice MR Shah and Justice Aniruddha Bose was hearing a petition against a Madras High Court order which had upheld conviction of the accused under Section 306 of the Indian Penal Code and sentenced him for 3 years of regular imprisonment.
The accused and the deceased in this matter were husband and wife who consumed pesticide after a quarrel, however, the appellant survived and the wife died.
The counsel appearing for the applicant submitted that no ingredients of Section 306 IPC were at all satisfied, and that it was not established and proved, that in fact, the appellant abetted the commission of suicide.
It is also not in dispute that the quarrel had taken place, but at the same time the accused also consumed pesticide along with his wife, the counsel added.
In light of the above the bench held, "In order to bring a case within the provision of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigating or by doing a certain act to facilitate the commission of suicide."
Therefore, the bench noted that there is no material on record that indicated abetment and quashed the order of the Madras High Court.
Case Title: Velladurai Vs. State represented by the Inspector of Police