Refusal to marry doesn't amount to abetment of suicide: Supreme Court

The Supreme Court on Friday observed that mere refusal to marry would not amount to the offence of abetment of suicide under the Indian Penal Code (IPC) [Kamaruddin Dastagir Sanadi v. State of Karnataka]..The Court passed the ruling while acquitting a man accused of cheating and abetment to suicide under relevant provisions of the IPC in a 2007 case. The case arose after the man refused to marry a woman, who then died by suicide..A Bench of Justices Pankaj Mithal and Ujjal Bhuyan found that there was no direct evidence to prove that the appellant had instigated or provoked the deceased to commit suicide."The accused-appellant on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide...even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide," the Court said..The appellant had challenged his conviction by the High Court under Sections 417 (punishment for cheating) and 306 (abetment to suicide) of the IPC.The prosecution claimed that he had promised to marry a 21-year-old girl who had been in love with him since she was 13 years old. Upon the appellant's refusal to marry her, she consumed poison and died by suicide.Initially, the trial court acquitted the appellant of all charges, stating that there was no evidence of a sexual relationship, instigation, or intent to abet suicide.However, on appeal by the State of Karnataka against his acquittal, the High Court convicted him. He was sentenced to one year for cheating and four years for abetment to suicide..The Court noted that the deceased's dying declaration revealed no allegations of a physical relationship or sexual intercourse between her and the accused under the pretext of marriage."The dying declaration indicates that it was the deceased who was in love with the accused-appellant and wanted to marry him. When the accused-appellant had left the village, it was the deceased who made search about him and came to know that he was residing in Kakati. She herself traced him out at Kakati and went after him. She called him and when they met, he refused to marry her and thus, as her sentiments were hurt, she consumed poison leading to her death," it added.It further noted that the deceased did not allege that the appellant instigated her to consume poison or commit suicide, and no evidence supports such a claim."Even the mother of the deceased (PW-1) in her statement revealed that it was the deceased who was in love with the accused-appellant and that she wanted her mother to convince him to marry her," the Court stated..As regards the promise to marry, the Court noted that the same was made in a jamaat (panchayat), before the village elders, in context of which two witnesses were examined.However, it found that while these witnesses had provided a written document regarding the panchayat proceedings to the deceased and her mother, no such document was produced by the mother to prove that the appellant had actually ever promised or agreed to marry her daughter..The Court thus proceeded to set aside the appellant's conviction and acquitted him..Advocate Shirish K Deshpande appeared for the appellant.Advocate DL Chidananda represented the State of Karnataka..[Read judgment]