To constitute abetment of suicide under Section 306 IPC, the prosecution must prove a direct act of instigation by the accused in close proximity to the incident, demonstrating clear mens rea and leaving the deceased with no other option but to commit suicide.

Order on Board

1. The appellant/complainant has filed the present acquittal appeal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the impugned judgment of acquittal dated 23.01.2026, passed by learned Second Additional Judge to the Court of Additional Sessions Judge, Kawardha, District Kabirdham, in Sessions Case No. 62 of 2020, whereby the respondent No.2/accused has been acquitted from the offence of Section 306 of the IPC.

2. Brief facts of the case are that, the respondent No.2/accused is the wife of the deceased Dr. Arun Choudhary and the complainant/ appellant is his mother. On 05.05.2020, the police of police station Kawardha received an information that the deceased Dr. Arun Choudhary committed suicide by hanging himself in a ceiling fan inside his house and unnumbered Dehati Merg Intimation (exhibit P- 14) was recorded on the instance of the respondent No.2/accused Pratibha Choudhary. It was found that deceased committed suicide by hanging himself in the ceiling fan with the help of muffler. Inquest of the dead body of the deceased (exhibit P-7) was prepared. His mobile phone, one strip of tablets has been seized from the spot. A suicidal note has also been seized from the pocket of the pant of the deceased, in which he alleged the liability upon the respondent No.2/accused Pratibha Choudhary. During the merg inquiry, from the statement of the witnesses it was found that, the respondent No.2/ accused used to harass the deceased for various reasons. The FIR (exhibit P-17) was registered against the respondent No.2/accused for the offence under Section 306 of IPC. The suicidal note was sent for its examination to the State Examiner of questioned document, FSL Raipur. Statement of the witnesses were recorded and after completion of investigation charge sheet was filed against the respondent No.2/accused for the offence under Section 306 of IPC before the learned Chief Judicial Magistrate, Kawardha. The case was committed to the learned Sessions Judge for its trial and the same was transferred to the learned trial Court.

3. The learned trial Court framed charge against the respondent No.2/accused for the offence under Section 306 of the IPC, which she denied and claimed trial. The prosecution has examined as many as 14 witnesses. Statement of the respondent No.2/accused under Section 313 of CrPC has also been recorded, in which she denied the circumstances that appears against her, pleaded innocence and has submitted that, the witnesses are related to her in-laws and they were not happy with her marriage with the deceased. She also explained that when her husband was posted at Kawardha, after about 3-4 months, she also joined her at Kawardha, but he was having affair with his colleague. When he came to know that his colleague is going to marry, he went in distress and disturbed. Her in laws have separated them from family for the reason that, their marriage was inter-caste marriage, even he was not called in his brother’s marriage, which was performed in the month of February. All these may be a reason for committing suicide by him and she has never harassed him.

4. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court acquitted the respondent No.2/ accused from the alleged offence holding that, the prosecution has failed to prove any abetment or instigation to commit suicide and also failed to prove its case beyond reasonable doubt. Hence this acquittal appeal.

5. Learned counsel