To establish abetment of suicide under Sec. 306 IPC, there must be clear evidence of instigation or encouragement by the accused, along with the necessary mens rea, which was not proven in this case.

JUDGMENT

1. This appeal is filed against the judgment of conviction and order of sentence dtd. 31/1/2023 passed in S.C No. 5050/2020 by the III Additional District and Sessions Judge, Bangalore Rural District, Bangalore sit at Anekal, convicting the appellant/accused for the offence under Sec. 306 of Indian Penal Code sentencing to undergo with rigorous imprisonment for a period of 7 years and to pay fine amount of Rs.50, 000.00 in default to undergo with simple imprisonment for a period of 06 months.

2. The factual matrix of this case is that, the deceased Raju was elder son of the complainant and he married Kavita in the year 2010 and they have got one child namely Puneeth. The deceased and his wife are in cordial relationship. The deceased had friendship with the appellant/accused. The appellant/accused was torturing him as she has given loan to the deceased and she was threatening him. That on 21/4/2019 deceased Raju and his wife Kavita went to Mysuru for a function, after function the Kavita with her child stayed at Mysuru and the deceased Raju came back to the Bangalore. That on 25/4/2019 the appellant/accused and her daughter came to the house of the deceased Raju and on that day deceased Raju committed suicide by hanging with a piece of saree. The appellant/accused called the brother of the deceased Raju namely Laxminarayana over phone and informed that Raju committed suicide by hanging. The said Laxminarayana informed to the Manjunath and Sagar and they also came to the house of the deceased Raju. The appellant/accused and her daughter Sapandana have untied the body from the hanging and blood was oozing from his mouth. Sagar shifted the Raju to Astra Super Speciality Hospital, the appellant/accused and her daughter accompanied them. Raju was treated in the Hospital till he died on 10/5/2019 at about 3.50p.m. In the complaint it is stated that Raju was intelligent, he was got properties and he was not a person to commit suicide. The appellant/accused caused torture to Raju and therefore, he committed suicide. On the basis of the compliant the case came to be registered in crime No.69/2019 in the Bannerghatta Police Station for the offence punishable under Sec. 306 of Indian Penal Code. After investigation, charge sheet came to be filed and case committed to the Sessions Court. The Sessions Court filed charge against the appellant/accused for the offence under Sec. 306 of the Indian Penal Code. The prosecution in order to prove the charge examined 11 witnesses as PW-1 to PW-11 and got marked documents as EX.P1 to EX.P11. The statement of the appellant/accused was recorded under Sec. 313 of Cr.P.C. After hearing the arguments on both sides the Trial Court formulated points for consideration and convicted the appellant/accused for the offence under Sec. 306 of the Indian Penal Code. The said judgment of conviction and order of sentence has been challenged by the appellant/accused in this appeal.

3. Heard the arguments of learned counsel for the appellant and the learned High Court Government Pleader for respondent-State.

4. Learned counsel for the appellant argued that the evidence on record is not sufficient to attract ingredients of abetment as defined under Sec. 107 of the Indian Penal Code and ingredients of Sec. 306 of the Indian Penal Code. There are material contradictions in the evidence of the prosecution with regard to amount barrowed by the deceased from the appellant/accused. He argued that mere demand of repayment of the money borrowed will not amount to abetment to commit suicide. The witnesses examined by the prosecution have not stated any harassment by the appellant/accused to the deceased. The ligature material used by the deceased Raju to hang him has not been seized, since it is stated that it was burnt. The deceased was in Hospital for nearly 15 days and during that time the relatives of the deceased have not filed any complaint of any harassment by the appellant/accused to the deceased Raju and there