AUTHOR NAME- Snehil Singh, B.A. L.L.B., Fifth Year.
NAME OF INSTITUTION: Babu Banarasi Das University, Lucknow
Citation: [2025] 2 S.C.R. 452 | Case Type: Criminal Appeal / 461/2025 |
Date of Judgement: 07 February 2025 | Judgement by: Hon’ble Mr. Justice K.V. Viswanathan |
Petitioner: Ayyub & ORS. | Respondent: State of Uttar Pradesh & ANR. |
Disposal: Appeal Allowed | Order/ Judgement: Judgement |
FACTS:
Basically, this case is related to Sec. 306 of IPC, which is all about abetment of suicide and also the necessity for a fair and comprehensive investigation. In this case, there was a suspected relationship between Ziaul Rahman (deceased son of the Appellant) and Tanu (deceased daughter of Respondent 2). On 2 November 2022 at 19:15 hrs, Ayyub filed an F.I.R. stating that Tanu’s relatives had assaulted his son due to suspicions about their relationship. His son succumbed to his injuries while he was being transported to the hospital for treatment. Subsequently, on 3 November 2022 at 17:07 hrs, respondent 2 also lodged an FIR stating that his daughter had committed suicide between 10:30 and 11:00 on 2nd November 2022. In that FIR, it was written that Ayyub and others had accused Tanu verbally, which led her to commit suicide.
ISSUE RAISED:
- Whether the actions of the appellants constituted abetment of suicide under section 306 IPC.
- Was Tanu’s death Investigation impartial and thorough?
RULE OF LAW:
For the offences under section 306 IPC, the crime of abetment of suicide to be established, there must have to be clear pieces of evidence of either instigation, conspiracy, or any type of intentional aiding by the accused as mentioned under section 107 of IPC. Here, no verbal or small doing will cause such an act, but the act has to be of such a big nature that it has left no option with the deceased but to commit suicide.
REASONING:
The SC, in this case, has said that the charge sheet filed against the appellants lacked concrete evidence linking their actions to Tanu’s suicide. The court has also said that the verbal exchange of words, even though they are harsh, will not lead to suicide until there is instigation done by anyone. The court has also noticed a biased approach in the investigation, which has highlighted that the case was not properly studied and investigated by the police, which has led the court to raise concerns about fairness and completeness of the investigation.
HELD:
The SC has allowed the appeals and has quashed the proceedings against the appellant. Recognizing the need for a fair, comprehensive investigation, it has directed the Director General of Police to make a Special Investigation Team in order to reinvestigate the case and submit the report within 2 months. The judgment has underscored the necessity for clear evidence when alleging abetment of suicide and highlighted the importance of impartial investigation in upholding justice.
BIBLIOGRAPHY:
Case name– Ayyub & Ors. v. State of Uttar Pradesh & Anr. (Criminal Appeal No. 461 of 2025) 07 February 2025
For the full Document, click the mentioned link: https://digiscr.sci.gov.in/admin/judgement_file/judgement_pdf/2025/volume%202/Part%20II/2025_2_452-460_1740808035.pdf