The Supreme Court quashed the criminal offence against the mother (Laxmi Das), for the abetment of suicide. The judgment was delivered by Justice B.V. Nagarathna and Justice Satish Chandra Sharma in a case arising from the Calcutta High Court.
Laxmi Das v. State of West Bengal
APPELLANT – LAXMI DAS
RESPONDENT – THE STATE OF WEST BENGAL & ORS.
FACTS
Laxmi Das is Babu Das’s mother, while Souma Pal was in a relationship with him. Additionally, Dilip Das serves as Babu’s father, and Subrata Das is his elder brother. Consequently, all four—Babu Das, Laxmi Das, Dilip Das, and Subrata Das—faced accusations of abetting suicide. Furthermore, the family’s disapproval of the relationship added complexity to the case. All four were charged under Section 306, 34, 309 and 107 of the Indian Penal Code,1860.
On July 3, 2008, authorities discovered Souma Pal dead at the railway station. Souma’s uncle filed an FIR on July 6, 2008. Her family disapproved of her relationship with Babu Das, urging her to concentrate on her studies. When Souma went missing, Babu Das did not cooperate in locating her. During the investigation, witnesses stated that a few days prior to the incident, Babu Das had declined to marry her. Laxmi Das, Babu’s mother, opposed their marriage and insulted Souma regarding this matter.
After filing the chargesheet, the accused preferred an application for discharging under Section 227 allows a judge to discharge an accused in a criminal case if there is no sufficient reason to proceed against them of the Code of Criminal Procedure, 1973. The Trial Court and The High Court rejected the application.
Section 306 Abetment of Suicide of the Indian Penal Code,1860.
Section 34 Acts done by several persons in furtherance of common intention of the Indian Penal Code,1860.
Section 309 Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment of the Indian Penal Code,1860.
Section 107 Abetment of a thing of the Indian Penal Code,1860.
Rohini Sudarshan Gongurde v. State of Maharashtra and Another 2023 SC 1293– “In this case, the Hon’ble Supreme Court has interpreted Sections 306 and 107 IPC. It is clear that there is no proximate link between the marital dispute in the deceased’s marriage with the appellant and the commission of suicide. There must be clear evidence of instigation, conspiracy, or intentional aiding that directly leads to the suicide.”
JUDGMENT BY THE HON’BLE SUPREME COURT : Abetment of suicide
The Hon’ble Supreme Court didn’t agree with the decision of the Trial Court and High Court. “The Appellant, along with her family, did not attempt to pressure the deceased into ending her relationship with Babu Das. Therefore, this does not amount to direct or indirect instigation or Abetment of Suicide. Consequently, the Supreme Court quashed the charges against the Laxmi Das under Section 306 of the IPC, 1860. However, we clarify that this decision pertains solely to Smt. Laxmi Das, and the Trial Court is free to proceed against the other accused, Babu Das in accordance with law. Hence, appeal was allowed.” Supreme Court said that.
In this case, the court stated that if a person disapproves of a marriage, it does not necessarily mean they are abetting suicide under Section 306 of the IPC, 1860. Consequently, this clarification underscores that the judges prioritize justice, and their imagination should not lead to unintended implications.
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