• Source:IANS
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A man accused of abetting a woman’s suicide by refusing to marry her was cleared of all charges by the Allahabad High Court. The court ruled that denial of marriage alone does not amount to abetment to suicide under Sector 306 of the Indian Penal Code (IPC).

The man, Ambesh Mani Tripathi, filed a petition to quash the proceedings against him under Section 306 of IPC and the Dowry Prohibition Act. The man was accused a woman had left a suicide note sharing that she killed herself because of his rejection, but he claimed that he had no responsibility for her death. 

The court, presided by Justice Neeraj Tiwari, observed that the legal ingredients of abetment were missing in the case. The court cited the definition of abetment in Section 107 of the IPC, which requires instigation, conspiracy or intention to do an act or illegal omission. 

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The applicant’s lawyer said that even if the FIR’s version is true, there is no evidence of abetment to suicide under Section 306 of the IPC. The dead woman’s note only said that she killed herself because of the rejected marriage, and the applicant had nothing to do with it or any blame for it, news agency IANS reported. 

"Section 107 IPC read with section 306 IPC is very much clear for abetment of a thing. Instigation is the first condition, second condition is engagement of one or more persons in any conspiracy and further, an act or illegal omission in pursuance of conspiracy and the third thing is intention to do by any act or illegal omission. All these legal ingredients are fully missing in this case,’’ the court observed. 

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"In fact, only denial of marriage not coupled with any other fact does not come within the purview of abetment as defined in Section 107 IPC, therefore, it would not be an offence under Section 306 IPC.  The judgments of apex court as well as many other courts, after considering the provisions of section 107 of IPC with section 306 IPC has taken the consistent view about abetment of suicide, which are supporting the case of applicant," the court stated.