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Supreme Court of India 2024-11-29 allowed

KAMARUDDIN DASTAGIR SANADI vs STATE OF KARNATAKA

Bench: 2 — Pankaj Mithal, Ujjal Bhuyan

In Brief

A 21-year-old woman in love with the accused since age 13 consumed poison and died after he refused to marry her. He was convicted by the High Court under Sections 417 (cheating) and 306 (abetting suicide) IPC, despite acquittal by the trial court. The Supreme Court held that mere refusal to marry, even if a promise was made, does not constitute abetment of suicide. Abetment requires clear intent and active instigation to provoke suicide. A broken relationship, without more, is insufficient. The deceased had carried poison with a predetermined mind; her death resulted from her mental state, not from any positive act by the accused. The appeal was allowed and the acquittal restored.

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Criminal Law Abetment of Suicide Indian Penal Code Cheating Evidence Mens Rea Romantic Promise

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