Supreme Court finds no evidence of abetment to suicide against wife, allows discharge application
Justices Vikram Nath & Satish Chandra Sharma [10-07-2024]

Read Order: ROHINI SUDARSHAN GANGURDE v. THE STATE OF MAHARASHTRA & ANR [SC- CRL APL NO. 2877 OF 2024]

LE Correspondent

New Delhi, July 15, 2024: The Supreme Court has set aside a Bombay High Court order thereby discharging a woman from the offence of abetment to suicide under Section 306 of the Indian Penal Code (IPC).

Rohini, the wife of the deceased Sudarshan Gangurde, was accused of abetting her husband's suicide. Sudarshan was found hanging in the balcony of their house in Shingnapur, Kolhapur, on February 17, 2020. Rohini's mother-in-law, Usha Gangurde, had filed a complaint alleging that Rohini's physical and mental harassment led to Sudarshan's suicide.

A Division Bench of the Supreme Court bench, comprising Justice Vikram Nath and Justice Satish Chandra Sharma, carefully examined the facts and evidence recorded by the lower courts and found no proximate link between the marital dispute and the commission of suicide. The top court held that the prosecution failed to collect any evidence to substantiate the allegations against Rohini. The apex court noted that Rohini had not played any active role or committed any positive or direct act to instigate or aid Sudarshan in committing suicide.

The Supreme Court emphasized that to convict a person under Section 306 IPC, there must be a clear mens rea to commit the offence, and an active act or direct act that led the deceased to commit suicide, seeing no other option. The court also highlighted that instigation requires a reasonable certainty to incite the consequence, and a word uttered in a fit of anger or emotion without intending the consequences cannot be considered instigation.

As none of the three essentials of Section 107 read with Section 306 IPC were found to exist in this case, the Supreme Court allowed Rohini's appeal and discharged her from the offence.