The Supreme Court in the case of, Kashibai vs State of Karnataka, observed that “the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).”

In this case, the accused namely In this case, the accused namely (husband, mother-in-law and father-in-law) were convicted under Section 498A and Section 306 read with Section 34 of IPC. Their conviction was also upheld by the HC. They challenged the decision before the Apex Court, wherein the issue was raised, whether the prosecution had proved beyond reasonable doubt the charge levelled against the appellant with regard to the offence punishable under Section 306 read with Section 34 of IPC. 

The Supreme Court keeping all the facts and circumstances under consideration held that “Though it is true that as per Section 113A of the Evidence Act, when the question arises as to whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband, and when it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court can presume, having regard to the other circumstances, that such suicide has been abetted by her husband or such relative of her husband. However, mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC.”

Section 113A of the Evidence Act, When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.