Supreme Court of India

Ramesh Kumar v State of Chhattisgarh

decided 2001-10-17 (reporter citation not confirmed)20011 min read
The case in brief30-second read
Facts
A wife committed suicide and her husband was convicted under S.306 and S.498A IPC.
Issue
What 'instigation' means for abetment of suicide.
Held
Instigation means goading, provoking or encouraging; words said in anger without intent to cause suicide are not instigation. Cruelty under S.498A does not by itself establish abetment of suicide, and the presumption under S.113A of the Evidence Act is discretionary. The S.306 conviction was set aside; the S.498A conviction stood.
Principle
Abetment of suicide needs instigation with reasonable certainty of inciting the act; harsh words in a quarrel are not enough.
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Facts

  • A wife committed suicide and her husband was convicted under S.306 and S.498A IPC.

Issue

  1. What 'instigation' means for abetment of suicide.

Held

  • Instigation means goading, provoking or encouraging; words said in anger without intent to cause suicide are not instigation. Cruelty under S.498A does not by itself establish abetment of suicide, and the presumption under S.113A of the Evidence Act is discretionary. The S.306 conviction was set aside; the S.498A conviction stood.

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Citation

Ramesh Kumar v State of Chhattisgarh decided 2001-10-17 (reporter citation not confirmed)

Reported: https://indiankanoon.org/doc/229273/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.