Legal Provisions Involved: Sections 306, 309, and 107 of the Indian Penal Code, 1860
Judgement by: Supreme Court of India
Judge/Bench: Justice Manmohan and Justice Rajesh Bindal
Facts
The Appellant-Accused and the deceased, were in a romantic relationship and wished to marry. However, the Appellant’s parents opposed the marriage, threatening to commit suicide if the marriage proceeded. One day, the couple met and subsequently consumed Nuvacron pesticide mixed with coca-cola.
Key Legal Provisions
Sections 306, 309, and 107 of the Indian Penal Code, 1860
Issues raised
- Whether the deceased died due to poisoning or manual strangulation?
- Whether the Appellant-Accused abetted the suicide of the deceased under Section 306 IPC?
Arguments of the case
The Appellant argued that the conduct of both parties in going to hospital indicated no intent to die. The dying declaration did not indicate any instigation by the Appellant while the Respondent argued that the Appellant purchased the poison with knowledge of its toxicity. The Appellant’s participation in the suicide pact and failure to dissuade the deceased constituted abetment.
Judgement
The Supreme Court dismissed the appeals, holding that death occurred due to poisoning, not strangulation. The Court held that a surviving partner in a mutual suicide pact is legally culpable.
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