The Court observed that the deceased’s dying declaration did not mention any physical relationship or sexual intercourse with the accused, nor did it claim that these actions were based on a promise of marriage.
On Friday, the Supreme Court ruled that a mere refusal to marry does not constitute abetment of suicide under the Indian Penal Code (IPC) [Kamaruddin Dastagir Sanadi v. State of Karnataka].
The judgment was delivered while acquitting a man who had been accused of cheating and abetting suicide in a 2007 case, in which the man had rejected a marriage proposal from a woman who later died by suicide.
A Bench of Justices Pankaj Mithal and Ujjal Bhuyan found no direct evidence indicating that the appellant had instigated or encouraged the deceased to take her own life.
“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 challenged his conviction by the High Court under Sections 417 (cheating) and 306 (abetment of suicide) of the Indian Penal Code (IPC).
As per the prosecution, the appellant had promised to marry a 21-year-old woman who had been in love with him since the age of 13. After he refused to marry her, she consumed poison and died by suicide.
Initially, the trial court acquitted the appellant of all charges, citing a lack of evidence to prove a sexual relationship, instigation, or intent to abet suicide.
However, following an appeal by the State of Karnataka, the High Court overturned the acquittal and convicted him. The appellant was sentenced to one year in prison for cheating and four years for abetting suicide.
The Court noted that the deceased’s dying declaration did not mention any physical relationship or sexual intercourse with the accused, nor did it suggest that these acts were related to a promise 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.
The Court also observed that the deceased did not blame the appellant for encouraging her to ingest poison or take her own life, and there was no evidence to support 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.
Regarding the promise of marriage, the Court observed that it was allegedly made during a jamaat (panchayat) meeting in the presence of village elders, with two witnesses attesting to the proceedings.
However, the Court noted that although these witnesses had provided a written document detailing the panchayat’s proceedings to the deceased and her mother, the mother did not present this document to corroborate the claim that the appellant had promised or agreed to marry her daughter.
Consequently, the Court overturned the appellant’s conviction and acquitted him.
