Madras High Court
Thameem Ansari vs State Rep By on 24 February, 2026
2026:MHC:1036
CRL.A.No.339 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2026
CORAM
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
CRL.A.No.339 of 2022
Thameem Ansari,
S/o. Batsha,
No.25/7, Gangai Amman Koil Street,
Kamarajapuram,
Chennai – 600 042. ...Appellant/ Accused
Vs
State rep by
Inspector of Police,
J-3, Guindy Police Station,
Chennai.
Crime No.1100/2015 ...Respondent/ Complainant
PRAYER : Criminal Appeal filed under Section 374(2) of Criminal Procedure
Code, to set aside the Judgment made in S.C.No.357 of 2015 dated 02.11.2021
on the file of Learned Sessions Judge, Mahalir Neethimandram, Chennai.
For Appellant(s): Mr.S.N.Arunkumar
For Respondent(s): Mr.R.Kishore Kumar,
Government Advocate (Crl.Side)
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JUDGMENT
This Criminal Appeal has been filed challenging the conviction and
sentence imposed on the appellant in S.C.No.357 of 2015 by judgment dated
02.11.2021 on the file of the Sessions Judge, Mahalir Neethimandram,
Allikulam, Chennai, whereby the appellant was convicted and sentenced to 10
years Rigorous Imprisonment and a fine of Rs.15,000/- in default to undergo
Simple Imprisonment for 3 months.
2. The case of the prosecution is that the marriage between the appellant
and the deceased Syed Sulthan Beevi was solemnized on 06.06.2004 as per the
Mohammedan Laws and Customs. Out of wedlock, the couple had two
daughters and were residing separately at a house in Velachery. From the time
of marriage, the accused was not attending to any regular work and he did not
support the family by contributing any income. The accused was mostly in a
drunken state and harassed the deceased. The accused used to beat the deceased
and due to the harassment, the deceased often went to her father’s and sister’s
house to borrow money for her domestic expenses. On 07.04.2015, when the
accused did not go for work and was at home, there was a quarrel with the
deceased at around 2.00 p.m. The accused having been drunk, again quarrelled
with the deceased, asked her to go and die and went to sleep. The deceased
after bringing her daughters from the school, in view of the harassment and
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cruelty meted out by the accused, committed suicide by hanging herself with a
saree.
3. On receiving the intimation about the death of his daughter, PW1 had
visited the house of the deceased and lodged the complaint/Ex.P1. PW8/Sub
Inspector of Police received the complaint and registered the FIR/Ex.P4 under
Section 174 Cr.P.C. PW8/Sub Inspector of Police visited the place of
occurrence and prepared the Observation Mahazar/Ex.P5 and Rough
Sketch/Ex.P6 in the presence of witness/PW5. Thereafter, PW8 sent the body to
Royapettah Government Hospital for postmortem. The saree/MO1 used to
commit suicide was recovered by PW8 under Seizure Mahazar/Ex.P7 and then
recorded the statements of PW1 to PW5. An Inquest was conducted by PW8
and prepared Inquest Report/Ex.P8. PW6/Doctor examined the body on being
taken to the hospital and issued Accident Register/Ex.P2. PW7/ Doctor
conducted the postmortem and issued Post-mortem Certificate/Ex.P3. PW8
thereafter altered the offence to Section 306 of IPC through the Alteration
Report/Ex.P10.
4. The Investigating Officer took up the investigation and arrested the
accused. On completion of the investigation, he filed a Final Report before the
IX Metropolitan Magistrate, Saidapet. The learned Magistrate issued summons,
complied with Section 207 Cr.P.C. and committed the case to the Principal
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Sessions Judge under Section 209 Cr.P.C. which was made over to the Sessions
Judge, Mahalir Neethimandram, Allikulam, Chennai.
5. The trial court took up the case and on the appearance of the accused,
framed charges under Section 306 IPC. When questioned, the accused pleaded
not guilty and stood trial. The prosecution in order to prove the charges,
examined 9 witnesses PW1 to PW9 and marked Exs.P1 to P10. On completion
of the prosecution evidence, when the accused was questioned under Section
313 Cr.P.C on the incriminating material available, he denied the same as false
and also offered an explanation that he had not committed any wrong and
further, his wife had undergone an operation for Achalasia Cardia treatment,
due to which she was not able to swallow solid food and she was under
treatment. She had regularly taken Gelusil and further, she took treatment for
nearly 8 years to conceive a child.
6. The accused has examined DW1/Doctor and also marked Exs.D1 to
D3 to establish that the deceased underwent a surgery and was under treatment.
7. The trial court on conclusion of the arguments and on analyzing the
oral and documentary evidence concluded the appellant guilty of the charge and
convicted him for the offence under Section 306 IPC and imposed the sentence
as stated supra. Challenging the same, the accused has preferred the above
Appeal.
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8. Mr.S.N.Arunkumar, learned counsel for the appellant argued that when
the ingredients of the offence under Section 306 IPC are not met out, the trial
court had convicted the appellant merely on assumptions and presumptions.
When the charge against the appellant is not under Section 498A neither in
respect of harassment nor dowry demand, the trial court had completely
proceeded on the presumption that from the evidence it could be concluded that
the deceased was harassed by the accused by not attending to work properly and
not contributing to the family which had driven the deceased to commit suicide.
None of the witnesses have spoken about the instigation of the accused in
driving the deceased to commit suicide and when even the independent witness/
PW4 has not spoken about any quarrel or inducement prior to the time of
occurrence, in the absence of any material, the trial court had erroneously
convicted the appellant.
9. By relying on the evidence of DW1 and the documents in D1 to D3,
the learned counsel contended that when the accused even after offering an
explanation during questioning under Section 313 Cr.P.C. had also come up
with the oral and documentary evidence to substantiate that the deceased had
undergone surgery and was suffering from Achalasia Cardia, due to which the
deceased had taken the ultimate decision to commit suicide. The trial court
simply brushed aside the materials. When the death has happened nearly after
11 years from the date of marriage, even presumption under Section 113-A of
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the Evidence Act is not available and therefore, when the prosecution has not
proved the case beyond reasonable doubt, the trial court had erroneously
convicted the appellant and imposed the sentence against the settled
proposition.
10. Per contra, Mr.R.Kishore Kumar, learned Government Advocate
(Crl.Side) appearing for the State argued that, PW1 to PW3 had deposed that
the accused had often harassed the deceased and also asked her to go and die, as
only then he could live peacefully. PW4/independent witness also had spoken
about the quarrel and fight between the accused and the deceased and the fact
that he was not attending to work, drunken and was not supporting the family
had also been spoken to by her. Since the deceased was not able to bear the
torture and harassment of the accused, she had left the two minor daughters and
had taken the extreme step of committing suicide, only due to the abetment
caused by the accused and the trial court has rightly from the evidence
available, convicted and imposed a sentence which is justified.
11. Heard the rival submissions of both sides and perused the materials
available on record.
12. The appellant and the deceased got married on 06.06.2004 as per the
Mohammedan Laws and Customs. Out of wedlock, they were blessed with two
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female children. On 07.04.2015, the deceased had committed suicide by
hanging in the matrimonial house. The appellant was charged for the offence
under Section 306 for having abetted the suicide of the deceased.
13. At this juncture, it is apposite to refer to Section 306 IPC.
“306. If any person commits suicide, whoever abets the
commission of such suicide, shall be punished with
imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.”
14. As per the above provision, any person who abets the commission of
suicide shall be punished with the prescribed sentence. In case the death of a
woman happens within seven years from the date of marriage, then there is a
presumption as per Section 113-A of the Evidence Act, that the suicide has been
abetted by the husband. However, in the instant case, the death has occurred
almost after 11 years of the marriage and therefore, it is to be seen whether the
prosecution has proved the charge that the appellant had abetted the suicide of
the deceased.
15. The Hon’ble Supreme Court in the case of Abhinav Mohan Delkar
vs. State of Maharastra and Others reported in 2025 SCC OnLine SC 1725,
after referring to several decisions on the aspect of abetment, held as follows:
“21. It was held that abetment involves the mental process of
instigating a person or intentionally aiding a person in doing of a thing and
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CRL.A.No.339 of 2022without a positive act on the part of the accused, in aiding or instigating or
abetting the deceased to commit suicide, a conviction cannot be sustained.
22. What comes out essentially from the various decisions herein
before cited is that, even if there is allegation of constant harassment,
continued over a long period; to bring in the ingredients of Section 306 read
with Section 107, still there has to be a proximate prior act to clearly find that
the suicide was the direct consequence of such continuous harassment, the last
proximate incident having finally driven the subject to the extreme act of
taking one’s life. Figuratively, ‘the straw that broke the camel’s back’; that
final event, in a series, that occasioned a larger, sudden impact resulting in
the unpredictable act of suicide. What drove the victim to that extreme act,
often depends on individual predilections; but whether it is goaded,
definitively and demonstrably, by a particular act of another, is the test to find
mens rea. Merely because the victim was continuously harassed and at one
point, he or she succumbed to the extreme act of taking his life cannot by itself
result in finding a positive instigation constituting abetment. Mens rea cannot
be gleaned merely by what goes on in the mind of the victim.
23. The victim may have felt that there was no alternative or option,
but to take his life, because of what another person did or said; which cannot
lead to a finding of mens rea and resultant abetment on that other person.
What constitutes mens rea is the intention and purpose of the alleged
perpetrator as discernible from the conscious acts or words and the attendant
circumstances, which in all probability could lead to such an end. The real
intention of the accused and whether he intended by his action to at least
possibly drive the victim to suicide, is the sure test. Did the thought of goading
the victim to suicide occur in the mind of the accused or whether it can be
inferred from the facts and circumstances arising in the case, as the true test
of mens rea would depend on the facts of each case. The social status, the
community setting, the relationship between the parties and other myriad
factors would distinguish one case from another. However harsh or severe the
harassment, unless there is a conscious deliberate intention, mens rea, to drive
another person to suicidal death, there cannot be a finding of abetment under
Section 306.
24. We have already seen that even a rebuke to “go, kill yourself”;
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often a rustic expression against distasteful conduct, cannot by itself be found
to have the ingredients to charge an offence of abetment to suicide. There is
no uniformity in how different individuals respond and react under pressure.
Many stand up, some fight back, a few runaway and certain people crumble
and at times take the extreme step of suicide. To put the blame on the pressure
imposed and the person responsible for it, at all times, without something
more to clearly discern an intention, would not be the proper application of
the penal provisions under Section 306.”
16. The Hon’ble Supreme Court also in the case of Prakash and Others
vs. State of Maharastra and Another reported in 2024 SCC OnLine SC 3835,
after elaborately considering Section 306 of IPC held that to bring a charge
under Section 306 of IPC, the act of abetment would require the positive act of
instigating or intentionally aiding another person to commit suicide. Without
such mens rea on the part of the accused person being apparent on the face of
record, the charge under the aforesaid section cannot be sustained. Further
abetment also requires some direct or indirect act on the part of the accused
person, which led the deceased to have no other option but to commit suicide.
“13. Section 306 of the IPC has two basic ingredients-first, an act of
suicide by one person and second, the abetment to the said act by another
person(s). In order to sustain a charge under Section 306 of the IPC, it must
necessarily be proved that the accused person has contributed to the suicide
by the deceased by some direct or indirect act. To prove such contribution or
involvement, one of the three conditions outlined in Section 107 of the IPC has
to be satisfied.
14. Section 306 read with Section 107 of IPC, has been interpreted,
time and again, and its principles are well-established. To attract the offence
of abetment to suicide, it is important to establish proof of direct or indirect
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acts of instigation or incitement of suicide by the accused, which must be in
close proximity to the commission of suicide by the deceased. Such instigation
or incitement should reveal a clear mens rea to abet the commission of suicide
and should put the victim in such a position that he/she would have no other
option but to commit suicide.
15. The law on abetment has been crystallised by a plethora of
decisions of this Court. Abetment involves a mental process of instigating or
intentionally aiding another person to do a particular thing. To bring a charge
under Section 306 of the IPC, the act of abetment would require the positive
act of instigating or intentionally aiding another person to commit suicide.
Without such mens rea on the part of the accused person being apparent from
the face of the record, a charge under the aforesaid Section cannot be
sustained. Abetment also requires an active act, direct or indirect, on the part
of the accused person which left the deceased with no other option but to
commit suicide.”
17. Again the Hon’ble Supreme Court in the case of Geetha vs. State of
Karnataka reported in 2025 SCC OnLine SC 1938, considered the issue
whether even assuming that physical blows were administered, will that per se
constitute abetment to suicide, had held that quarrels occur in everyday life and
unless there is an instigation on the part of the appellant to such an extent that
the victim was left with no other option but to commit suicide, the conviction
cannot be imposed for a charge under Section 306 IPC.
“18. Even if we were to assume that physical blows were administered,
will that per se constitute abetment to suicide? This Court in a case where the
accused told the deceased “go and die” and when thereafter, the deceased
committed suicide, absolved the accused of the charge under Section 306 by
holding as under:
“3. …Those words are casual nature which are often
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Nothing serious is expected to follow thereafter. The said act
does not reflect the requisite mens rea on the assumption that
these words would be carried out in all events. …”
[Swamy Prahaladdas v. State of M.P., 1995 Supp (3) SCC
438]
19. This Court in Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC
628, held that in order to bring out an offence under Section 306 IPC specific
abetment as contemplated by Section 107 IPC on the part of the accused with an
intention to bring about the suicide of the person concerned as a result of that
abetment is required. It was further held that the intention of the accused to aid
or to instigate or to abet the deceased to commit suicide is a must for attracting
Section 306.
20. In Amalendu Pal alias Jhantu v. State of West Bengal, (2010) 1 SCC
707, this Court held that the harassment meted out to the victim should have left
the victim with no other alternative but to put an end to his/her life.
21. In M. Mohan v. State, (2011) 3 SCC 626, this Court followed the
dictum in Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618, wherein it
was held as under:
“41. This Court in SCC para 20 of Ramesh Kumar has
examined different shades of the meaning of “instigation”. Para
20 reads as under: (SCC p. 629)“20. Instigation is to goad, urge forward, provoke, incite
or encourage to do ‘an act’. To satisfy the requirement of
instigation though it is not necessary that actual words must be
used to that effect or what constitutes instigation must
necessarily and specifically be suggestive of the consequence. Yet
a reasonable certainty to incite the consequence must be capable
of being spelt out. The present one is not a case where the
accused had by his acts or omission or by a continued course of
conduct created such circumstances that the deceased was left
with no other option except to commit suicide in which case an
instigation may have been inferred. A word uttered in the fit of
anger or emotion without intending the consequences to actually
follow cannot be said to be instigation.”In the said case this Court came to the conclusion that
there is no evidence and material available on record wherefrom
an inference of the appellant-accused having abetted commission
of suicide by Seema (the appellant’s wife therein) may necessarily
be drawn.”
Thereafter, this Court in Mohan (supra) held:—
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45. The intention of the legislature and the ratio of the
cases decided by this Court are clear that in order to convict a
person under Section 306 IPC there has to be a clear mens rea to
commit the offence. It also requires an active act or direct act
which led the deceased to commit suicide seeing no option and
this act must have been intended to push the deceased into such a
position that he/she committed suicide.”
22. This Court in Mahendra Awase v. The State of Madhya Pradesh,
2025 INSC 76, after analyzing the long line of precedents held as under:—
“18. As has been held hereinabove, to satisfy the
requirement of instigation the accused by his act or omission or
by a continued course of conduct should have created such
circumstances that the deceased was left with no other option
except to commit suicide. It was also held that a word uttered in
a fit of anger and emotion without intending the consequences to
actually follow cannot be said to be instigation.”
23. Applying the tests laid down hereinabove, we are not able to persuade
ourselves to hold that when the appellant’s family and the victim’s family had
heated exchanges, there was any intention to abet or to cause any member of
either family to take their own life. These quarrels occur in everyday life, and on
facts we are not able to conclude that there was an instigation on the part of the
appellant to such an extent that the victim was left with no other option but to
commit suicide.”
18. From the aforesaid decisions, it emerges that there should be a clear
mens rea on the part of the accused in driving the deceased to commit suicide.
One of the main ingredients to constitute an abetment of suicide under Section
306 is some positive act direct or indirect on the part of the accused in
contributing to the suicide of deceased. Even an allegation of continuous
harassment alone cannot constitute abetment and there should be a proximate
prior act or live link from the instigation and the suicide committed. A mere
allegation of harassment in the absence of any proximate link to the occurrence
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on the part of the accused which led or compelled the person to commit suicide,
would not constitute an offence under Section 306.
19. Keeping the above legal principles in mind, we would analyse the
facts of the present case. PW1/father of the deceased had deposed that the
appellant and the deceased were living separately in Velachery and they had
two female children. The accused did not go to work properly, drunk, used to
often quarrel with the deceased and beat her. There had been some quarrel
earlier in respect of the deceased for not having a child and later for having a
female child. Often the accused asked the deceased to go and die, as only then
he could live peacefully. But, however, PW1 usually pacified his daughter.
20. PW2/brother of the deceased had deposed that the accused was doing
plumbing work and residing in Velachery. He was not going to work properly,
drink and was harassing the deceased. Only after eight years, a child was born.
The accused used to beat the deceased and around one week prior to the death,
the accused was demanding money from the deceased. On receipt of the
information that her sister died, he went to the house and found her sister dead.
21. PW3/sister of the deceased had deposed that the accused regularly
quarrelled with the deceased after consuming liquor. Even one week prior to
the death, there was a quarrel in which the accused had injured the deceased and
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the deceased had come to her house and informed her about the incident. On
07.04.2015, she received the information that her sister died and she went to the
accused house. The neighbours informed that there was a quarrel between the
husband and wife. In the cross examination, PW3 admitted that the deceased
underwent abortion for three times and since there were certain health issues,
for the purpose of providing treatment, they had made the deceased stay back in
their house. Prior to one week on the date of occurrence, there had been a
quarrel between the husband and wife.
22. PW4/independent witness, who is the owner of the house where the
accused and the deceased resided, had deposed that the husband and wife
quarrelled regularly and specifically, the accused would often quarrel after
drinking. On the date of occurrence, all of a sudden, she heard a sound from the
accused calling, she went and found that the deceased committed suicide by
hanging. The deceased was normal on the date of occurrence. She is not aware
as to what happened between them and she is also not aware of the reason why
the deceased had committed suicide.
23. PW6/Doctor had deposed that he had examined the body of the
deceased when brought to the hospital and issued Accident Register/Ex.P2 and
no injury or any adverse information was noted in the Accident Register.
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24. PW7/Doctor had deposed that he conducted the postmortem and
issued Postmortem Certificate/Ex.P3. He deposed that the report does not reveal
about any adverse inference made in the body of the deceased. The Postmortem
Certificate/Ex.P3 also states that there was no external or internal injuries seen
anywhere in the body of the deceased.
25. From the above evidences on record, there is no material to prove or
establish the role of the accused in driving the deceased to commit suicide with
an intention. Moreover, none of these evidences suggest that there had been
any live link between the harassment as alleged to have been committed by the
appellant, prior in point of time which is at least one week earlier and the
suicide committed by the deceased.
26. The accused gave an explanation when he was questioned under
Section 313 Cr.P.C, about the possible reason for his wife to commit suicide.
He had explained that since she had undergone a major surgery, she was not
able to take solid food and she was suffering continuously. Further, she had
taken continuous treatment for nearly 8 years for conceiving. To substantiate the
same, the defence has examined DW1/Doctor who had deposed that the
deceased had Achalasia Cardia problem, due to which she was not able to
swallow solid food and she has undergone a major surgery. The treatment
details were filed as Exs.D1 to D3. When the accused, who was present in the
house at the time of the occurrence had come out with an explanation, bringing
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materials to establish that the health of the deceased was not proper and due to
which the deceased had taken extreme step to commit suicide, which is
plausible, the prosecution had failed to bring any evidences to prove that the
accused had abetted the deceased to commit suicide for the charge under
Section 306 IPC. Moreover, the evidence on the side of accused is considered
by the evidence of PW3 cross examination.
27. The evidence on record does not establish any direct link between the
role of the accused in the alleged harassment by drinking and quarrelling and
the deceased’s decision to commit suicide. It is not proved that due to
abetment of the accused, the deceased was left with no other option but to
commit suicide.
28. The trial court primarily relied on the evidence of PW1 to PW3 to
hold that the accused had harassed the deceased by habitually being in a
drunken state and quarrelling with her, including acts of physical assault. The
trial court concluded that this harassment is sufficient enough for the deceased
to make a decision to commit suicide and therefore, it would constitute
abetment under Section 306 IPC. Further, the trial court concluded that from the
independent witness/PW4, the presence of the accused in the house at the time
of occurrence was established and therefore, the onus was on the accused to
explain as to what made the deceased to commit suicide. The trial court had
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simply ignored the defence witness and the materials filed, which was the
explanation brought in by the accused as to the cause of suicide committed by
the deceased.
29. In the absence of any mens rea proved on the part of the accused in
instigating the deceased to commit suicide and due to such an abetment, the
deceased was left with no other option except to commit suicide, the charge
under Section 306 IPC as against the appellant cannot be sustained. On
reappraisal of the entire facts and materials on record, this Court finds that the
findings arrived at by the trial court suffer from serious perversity and illegality.
In view of the above, the conviction and sentence imposed by the trial court
cannot be sustained and needs to be interfered with.
30. Accordingly, the conviction and sentence imposed on the appellant in
S.C.No.357 of 2015 dated 02.11.2021 by the learned Sessions Judge, Mahalir
Neethimandram, Chennai, is set aside and the appellant is acquitted from all the
charges. The bail bond furnished, if any, shall stand cancelled. The fine amount
paid, if any, shall be refunded. However the victim compensation provided to
the minor children of the deceased is not disturbed.
24.02.2026
Index: Yes
Speaking order
Neutral Citation: Yes
pam
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To
1.The Sessions Judge,
Mahalir Neethimandram,
Allikulam, Chennai.
2.The Inspector of Police,
J-3, Guindy Police Station,
Chennai.
Crime No.1100/2015
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G.ARUL MURUGAN, J.
pam
CRL.A.No.339 of 2022
24.02.2026
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