The central legal point established in the judgment is that to prove abetment under Section 306 IPC, the prosecution must establish the accused's intention to aid, instigate, or abet the deceased to commit suicide.

1. This criminal appeal is preferred against the conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Thanjavur, in S.C. No. 358 of 2008, dated 06.11.2008, in and by which, the trial Court has convicted the sole accused/ appellant under Section 306 IPC, thereby, sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,000/- with the default sentence of two months simple imprisonment.

2. The brief facts of the case are as follows:

2.1. The deceased is the wife of PW-1. The accused is the brother of PW-1. Both PW-1 and the accused married sisters. PW-2 is the sister of the deceased. The accused's family and PW-1's family used to reside in the same house. On the date of occurrence, the accused, in a drunken stage, uttered some harsh words as against PW-1's wife, i.e. go and die so that he can get the property. Due to such utterance, the deceased self immolated and succumbed to injuries.

2.2. PW-3 took the deceased, in an Auto, to the Hospital and according to him, he enquired the deceased and she informed him that there were financial problems in her house and the accused also demanded money from her and therefore, she committed this self immolation. PW-6, Sub-Inspector of Police, on information from the Hospital, recorded the statement of the deceased Ex.P5 and registered the case in Crime No. 439 of 2007 under Section 306 IPC in Ex.P6. PW-7, the Investigation Officer conducted investigation and prepared observation mahazar and rough sketch and also seized the burned cloths from the place of occurrence and arrested the accused. PW-5 Medical Officer conducted autopsy. After enquiry, the Investigation Officer laid charge sheet as against the accused.

2.3. Before the trial Court, 8 witnesses were examined; Exs.P1 to P8 and MOs. 1 & 2 1 were marked. Based on the evidences, the trial Court has convicted the appellant/accused, as stated supra.

3. Learned Counsel for the appellant/accused submitted that there is no evidence to prove the abetment, except Ex.P5, namely, the statement said to have been recorded by the Sub-Inspector of Police. No other material is available on record to infer the alleged abetment as against the accused. Hence, he prayed for allowing the present appeal.

4. Learned Additional Public Prosecutor submitted that Ex.P5 is the statement recorded from the deceased, wherein, she has stated that the accused abused her, which resulted in taking such an extreme step by the deceased. The trial Court has rightly appreciated the evidence and found the accused guilty. Hence, he prays for dismissal of the present appeal.

5. Heard the learned Counsel on either side and perused the materials placed on record.

6. PW-1 is the husband of the deceased and brother of the accused. PW-2 is the sister of the deceased. PW-3 is a neighbor. On careful perusal of the evidences of PWs. 1 & 2, it is seen that they have no direct knowledge on what has happened in the house. The accused, being the brother-in-law of the deceased, is said to have demanded a chit amount payable by PW-2 and the deceased has not collected the same, which resulted in a verbal quarrel. Because of that, the deceased committed suicide.

7. PW-3, the neighbor who accompanied the deceased in an Auto to the Hospital, in his evidence, has clearly stated that the deceased has informed him that she has taken the extreme step only because of some financial problems and financial constraints in the family and the accused also demanded repayment of certain money. Therefore, she committed suicide. When Ex.P5, the statement of the deceased recorded by the Sub Inspector of Police, is compared with the evidences of PWs. 1 & 2, it clearly indicates that the deceased and her husband and the accused and his wife are residing in the same house and the accused has demanded a property. On 02.09.2007, the accused, in a drunken mood, asked the deceased to go out and said go and die, then only he will get the proper