Introduction:

In a significant verdict, the Punjab and Haryana High Court, led by Justice Harkesh Manuja, addressed an appeal involving allegations of abetment to suicide against a woman and her siblings. The accused were charged with pressuring the woman’s husband, demanding money, and falsely implicating him in an FIR, leading to his tragic demise. The trial court had acquitted the accused, citing a lack of evidence for instigation on record. The petitioner argued that the deceased, a Punjab Police Constable, had no apparent reason to take his life, except for alleged pressures and false implications.

Arguments of Both Sides:

The petitioner contended that the deceased’s suicide resulted from the respondents pressuring him for money and gold, coupled with false charges in the FIR. The defense emphasized the absence of positive evidence linking the accused to the suicide, citing the wife’s hopeful attempts to salvage the marriage despite enduring cruelty. The court scrutinized Section 306 of the IPC, stressing the need for concrete proof of instigation or abetment. The defense maintained that the wife, who had left her matrimonial home due to severe cruelty, could not be held actively conniving in the suicide, as there was no evidence of continued contact with the deceased.

Court’s Judgment:

Justice Harkesh Manuja, after considering the submissions, ruled that there was a lack of evidence to establish the accused’s direct involvement in the deceased’s suicide. The court noted the wife’s prolonged endurance of cruelty and departure from the matrimonial home. It emphasized that the injuries documented on the day of her departure supported her claims of abuse. Rejecting the argument that the suicide resulted from false implication in the FIR, the court cited a Supreme Court precedent, emphasizing the mental process involved in abetment.

The court dismissed the appeal, affirming the trial court’s decision, and concluded that the accused could not be held responsible for the deceased’s tragicdecision.