Supreme Court of India
Kashibai & Ors. v. The State of Karnataka
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What the Court ordered
In view of the above, it is quite clear that in order to bring the case within the purview of ‘Abetment’ under Section 107 IPC, there has to be an evidence with regard to the instigation, cons piracy or intentional aid on the part of the accused.
Judgment, page 6
From the headnote
Penal Code, 1860 – ss.498A, 306 r/w 34 – Appellants-accused were convicted u/ss.498A, 306 r/w 34 and sentenced – Held: Deceased was subjected to harassment at the instance of a ppellants – Prosecution has successfully brought home the charg es levelled against them for the offence u/s.498A r/w s.34 – However, it failed to adduce any clinching evidence to conclude that the appellants abetted the deceased to commit suicide – Mere fact of com mission of suicide by itself would not be sufficient for the cour t to raise the presumption u/s.113A, Evidence Act, and to hold the accused guilty of
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