JUDGMENT

J.S. Verma, J.-Leave granted in special leave petitions.

2. The appellants Gian Kaur and her husband Harbans Singh were convicted by the Trial Court under Section 306, Indian Penal Code, 1860 (for short "IPC") and each sentenced to six years R.I. and fine of Rs. 2,000/-, or, in default, further R.I. for nine months, for abetting the commission of suicide by Kulwant Kaur. On appeal to the High Court, the conviction of both has been maintained but the sentence of Gian Kaur alone has been reduced to R.I. for three years. These appeals by special leave are against their conviction and sentence under Section 306, IPC.

3. The conviction of the appellants has been assailed, inter alia, on the ground that Section 306, IPC is unconstitutional. The first argument advanced to challenge the constitutional validity of Section 306, IPC rests on the decision in P. Rathinam v. Union of India and Anr.1 by a Bench of two learned Judges of this Court wherein Section 309, IPC had been held to be unconstitutional as violative of Article 21 of the Constitution. It is urged that right to die being included in Article 21 of the Constitution as held in P. Rathinam declaring Section 309, IPC to be u