Adultery not enough to convict one for suicide abetment: HC

NT Correspondent

Bengaluru

The Karnataka High court (HC) said that a husband killing himself due to his wife having an adulterous relationship was not grounds to convict the latter of abetment of suicide. A single-judge bench of Justice Shivashankar Amarannavar made the observation while allowing an appeal by accused number one Prema and accused number two Basavalinge Gowda. They had been challenging a previous order by a lower court, which had convicted them of abetment. It was alleged that on July 10, 2010, Gowda had assaulted the now deceased husband Shivamadashetty and asked him to kill himself so that he and Prema could live happily. On July 15, 2010, the husband died of suicide by hanging himself by a tree. “The act of accused persons having illicit relationship does not amount to abetment to commit suicide. There should be evidence capable of suggesting that accused persons intended, by specific acts, to instigate the deceased to commit suicide.

Unless the ingredients of instigation/ abetment to commit suicide are satisfied, the accused cannot be convicted for an offence punishable under Section 306 of the IPC,” Justice Amarannavar said. He also noted that the deceased Shivamadashetty had the option of approaching the police to register a case against Gowda for assaulting him rather than dying by suicideNT Correspondent Bengaluru The Karnataka High court (HC) said that a husband killing himself due to his wife having an adulterous relationship was not grounds to convict the latter of abetment of suicide. A single-judge bench of Justice Shivashankar Amarannavar made the observation while allowing an appeal by accused number one Prema and accused number two Basavalinge Gowda. They had been challenging a previous order by a lower court, which had convicted them of abetment. It was alleged that on July 10, 2010, Gowda had assaulted the now deceased husband Shivamadashetty and asked him to kill himself so that he and Prema could live happily. On July 15, 2010, the husband died of suicide by hanging himself by a tree.

“The act of accused persons having illicit relationship does not amount to abetment to commit suicide. There should be evidence capable of suggesting that accused persons intended, by specific acts, to instigate the deceased to commit suicide. Unless the ingredients of instigation/ abetment to commit suicide are satisfied, the accused cannot be convicted for an offence punishable under Section 306 of the IPC,” Justice Amarannavar said. He also noted that the deceased Shivamadashetty had the option of approaching the police to register a case against Gowda for assaulting him rather than dying by suicide.