Whether husband is liable for abetment of suicide if wife commits suicide due to harassment given by him?
The intention of the Legislature
and the ratio of the cases decided by this Court are clear that in order to convict a person under Section 306, IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.
However in my opinion mere harassment of wife by husband
due to differences perse does not attract Section 306 read with
section 107 of the Code, if the wife commit suicide.
In the present case also evidence collected by the prosecution indicates that there is no overt act fall within the purview of Sections 107 and 109 of the Code and therefore, prima facie no offence punishable under Section 306 of the Code is made out against the petitioner. For the forgoing reasons, I am of the opinion that the impugned order framing charge under Section 306 of the Code of the petitioner/accused deserves to be set aside.
HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
SINGLE BENCH:
HON. SHRI JUSTICE SUSHIL KUMAR GUPTA
CRIMINALREVISION NO.457/2012
Pappu Khare Vs State of M.P.
Dated:29/01/2015
