"No Proximity Between Alleged Act and Suicide": Punjab and Haryana High Court Upholds Acquittal in Abetment Case

In a significant ruling, the Punjab and Haryana High Court today upheld the acquittal of Rani Devi and others in a case involving the alleged abetment of suicide of Jagan Nath. The court, presided over by Justice Harpreet Singh Brar, emphasized the lack of direct connection between the accused's actions and the suicide, stating, "there is no proximity between the alleged act of the accused-respondent and suicide of the deceased."

The case, registered under various sections of the Indian Penal Code including Section 306 for abetment of suicide, stemmed from the suicide of Jagan Nath, who was allegedly harassed over a monetary dispute. The petitioner, the State of Haryana, challenged the earlier acquittal, citing suicide notes that blamed the respondents for the deceased's extreme step.

However, the court observed that "mens rea, which forms the basis of instigation of this extent, is also completely missing." The court relied on Supreme Court precedents that require clear mens rea (intention) for conviction under Section 306 IPC. The court referred to the case of Gangula Mohan Reddy v. State of Andhra Pradesh, reiterating that without a positive act of instigation or aiding in committing suicide, conviction cannot be sustained.

Furthermore, the court cited the recent Supreme Court judgment in Mohit Singhal and Another v. State of Uttarakhand and others, highlighting the necessity for an act of instigation to be in close proximity to the act of committing suicide. The High Court found no such proximity in this case.

In its judgment, the High Court also discussed the appellate court's role in reviewing acquittal cases, emphasizing the principle that if two reasonable conclusions are possible, the one favoring the accused should prevail.

This judgment reaffirms the stringent standards required for proving abetment to suicide, a significant aspect in criminal law, underscoring the necessity of clear intention and direct connection between the accused's actions and the suicide for a conviction. The dismissal of the appeal by the High Court marks the conclusion of a closely watched legal battle, setting a precedent for future cases of a similar nature.

DATE: 11th December 2023           

STATE OF HARYANA Vs. RANI DEVI AND OTHERS