Law: Penal Code (XLV of 1860)

Section: 306 , 107

  Penal Code (XLV of 1 860)-- ---Ss.306, 107 Expln. II--Abetment of suicide--Husband used to demand money from deceased wife--Accused quarrelling with her every day over payment of money--Deceased on day of occurrence reacted by saying that she preferred death to life in this world--Accused saying that she can provide him relief quicker by dying on very same day--Deceased set fire to herself immediately thereafter- Accused could be said to have instigated her to commit suicide--Acquittal of accused by High Court thus was illegal. 1978 Chand LR (Cri) 224 (Punj & Har) reversed. In the instant case there was overwhelming evidence to establish that life of deceased was made intolerable by the accused advocate by constantly demanding of her to get him money and also beating her frequently. In spite of deceased writing to her brother and mother for a sum of Rs.1,000 being sent immediately, the accused did not relent in his insistence for immediate compliance of his demand. The accused wanted immediate payment of the sum of Rs.1,000. The accused went to the extent of saying that deceased can go to hell but he should get his sum of Rs.1.000 forthwith. Deceased on the fateful day reacted by saying that because of the accused quarrelling with her every day over the payment of money, she preferred death to life in this world. The accused, far from expressing regret for his conduct, drove her to despair by further saying that she can provide him relief quicker by dying on the very same day and that she need not postpone her death to the next day. After leaving deceased in the house, the accused went to the Court and one hour after that shrieks were heard coming from the house occupied by the accused and deceased. The local persons rushed to the house and saw deceased lying on the ground with extensive burn injuries on her body. In hospital the doctor found her to have sustained severe burns and to be in a state of shock. At the autopsy, it was noticed that she had sustained 19 burn injuries. Her death was certified to be due to shock resulting from the burn injuries. Held, in the circumstances that the accused had instigated deceased to commit suicide and…