The Kerala High Court ruled on Tuesday that a person need not also be found guilty of aiding his wife’s suicide under Section 306 of the IPC only because they were found guilty of cruelty under Section 498A of the IPC.

As highlighted by Justice A. Badharudeen, Sections 498A (cruelty) and 306 IPC (abetment to suicide) are separate laws that constitute separate offences.

“Merely because an accused has been held liable to be punished under Section 498A IPC, it does not follow that on the same evidence he must also and necessarily be held guilty of having abetted the commission of suicide by the woman concerned”.

The husband and mother-in-law of a deceased woman petitioned the court to review their convictions under Sections 304(B) (dowry death) and 306 (abetting suicide) r/w 34 of the IPC by the Sessions Court.

The prosecution argued that the dead received 35 sovereigns of gold when the couple got married. Additionally, the payment of Rs. 2.5 lakhs as dowry within a two-year period was agreed. It was said that the deceased endured constant pestering and dowry demands from her husband and mother-in-law while she was a guest at the matrimonial home. Within a year of their marriage, the prosecution claims that this ultimately caused her to commit herself.

The mother-in-law and husband were shortly arrested and questioned. They were then given the chance to provide a defence, but none was made. As a result, the Sessions Court found them guilty and gave them a harsh prison term.

The accused petitioned the High Court to overturn this conviction and the punishment.

The appellants’ attorneys Sasthamangalam S. Ajithkumar, Prabhu Vijayakumar, and Renjith B. Marar contended that the trial court found the appellants guilty despite a lack of substantial evidence.

The prosecution had successfully established the commission of offences under Sections 304B and 306 of the IPC, however Public Prosecutor Maya M.N passionately defended the verdict and sentence.

Read more legal news here.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.