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Siddaling v. State, Through Kalagi Police Station

Criminal Appeal · 2018 INSC 684Decided 9 Aug 2018
Criminal Appeal No. 1606 of 2009
Justice R. Banumathi · Justice Vineet Saran

Background

The appellant's wife, Kavitha, died by suicide within four months of their marriage, allegedly due to dowry-related harassment and cruelty stemming from the appellant's extramarital affair. The trial court convicted the appellant (and his father) under multiple IPC and Dowry Prohibition Act provisions; the High Court acquitted the father entirely and acquitted the appellant of most charges but upheld his conviction under Sections 498-A (cruelty) and 306 (abetment of suicide) IPC.

Decision Breakdown

The Supreme Court examined evidence from the deceased's parents and brothers, plus a panchayat agreement in which the appellant had admitted to his affair and promised to end it and live with his wife, showing he nonetheless continued the relationship. The Court held this conduct caused the psychological distress that led Kavitha to take her own life, satisfying the mental element required for abetment under Section 306 IPC, rejecting the defence argument that no direct instigating act had been shown. Given the suicide occurred within four months of marriage and within three months of the panchayat agreement, the Court declined to show leniency on sentence. The appeal was dismissed, affirming the conviction and sentence.

Lesson Learnt

Sustained marital cruelty, such as a spouse's continued extramarital relationship despite a formal promise to stop, can itself amount to abetment of suicide under Section 306 IPC even without a single direct act of instigation, if the cruelty is shown to have driven the victim to that decision.

Official source (sci.gov.in)View Judgment (PDF)

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