Husband saying "go away and die" to wife during quarrel is not abetment of suicide: Kerala High Court

The Kerala High Court on Wednesday held that saying "go away and die" in the heat of a quarrel does not amount to the criminal offence of abetment of suicide. [Safwan Adhur v. State of Kerala]

Justice C Pratheep Kumar observed that to establish the offence of abetment of suicide under Section 306 of the Indian Penal Code (IPC), the intention of the accused is the key decisive factor, not the feelings of the deceased person.

The Court made the observation in a case where a man was accused of driving his wife to die by suicide after he said "go and die" to his wife during a quarrel.

"What is important is the intention of the accused and not what is felt by the deceased. In the instant case also, the words, 'go away and die' made by the petitioner was in the midst of a wordy quarrel between the petitioner and the deceased, in a heat of passion without having any intention to instigate the deceased to commit suicide and as such, the offence under Section 306 IPC is not made out," the Court said in its order.

The order was passed on a petition moved by a man accused of abetting the suicide of his wife. According to the prosecution, he was engaged in an extramarital affair. When his wife found out about the same, she contacted the other woman. A heated argument ensued between the man and his wife during which he told her to “go away and die."

The prosecution alleged that the wife was mentally disturbed due to these words and that it led to her taking her own life by jumping into a well along with her 5-year-old daughter.

The accused husband first moved the Sessions Court seeking to be discharged from the case. However, his plea was rejected, leading to his petition before the High Court.

Challenging the decision of the Sessions Court, the husband argued that his comments were made in the heat of the moment and without any intention to cause his wife to take her own life.

The Court noted that the Supreme Court had, in its decision Swamy Prahaladdas v. State of MP, held that words which are casual in nature, which are often employed in the heat of the moment between quarrelling people, do not amount to abetment of suicide.

In this case, the words "go away and die" were uttered in the midst of a heated argument, the Court noted.

It, therefore, set aside the decision of the Sessions Court and discharged the husband from the case.

The petitioner-husband was represented by advocates R Anas Muhammed Shamnad, CC Anoop, Saleek CA, Thareek RS, and Hamdan Mandoor K.

Senior Public Prosecutor A Vipin NArayan appeared for the State.

[Read Order]