1 Leave granted in special leave petitions.

2 The appellants Gian Kaur and her husband Harbans Singh were convicted by the Trial Court under S.306. Indian Penal Code , 1860 (for short "I.P.C.") and each sentenced to six years R.1. 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 S.306, I.P.C.

3 The conviction of the appellants has been assailed, inter alia, on the ground that S.306 I.P.C. is unconstitutional. The first argument advanced to challenge the constitutional validity of S.306 I.P.C. rests on the decision in P. Rathinam v. Union of India , 1994 (3) SCC 394 : (1994 AIR SCW 1764), by a Bench of two learned Judges of this Court wherein S.309, I.P.C. has been held to be unconstitutional as violative of Art.21 of the Constitution. It is urged that 'right to die' being included in Art.21 of the Constitution as held in P. Rathinam (1994 AIR SCW 1764) declaring S.309 I.P.C. to be