Application of sec.306, IPC
sitaram satapathy
(Querist) 14 May 2009
This query is : Resolved
In a case a lady committed suicide consequent upon brutal assault by her husband as she protested her husband for having illicit relationship with another married lady staying in front of their house. Will you please suggest if the other lady having illicit connectioon with the deceased's husband can be liable u/s-306, IPC?
Please furnish reply with citation of judgement if any
PALNITKAR V.V.
(Expert) 14 May 2009
The other lady would not be liable u/s 306 merely because the other lady had illicit relations with the husband of the deceased.
Srinivas.B.S.S.T
(Expert) 15 May 2009
If the deceased leaves a suicide note stating that the illicit relation of her husband with the other lady is the cause of her suicide, then the other lady will also be arrayed as an accused.
N.K.Assumi
(Expert) 15 May 2009
Agreed with the members, but with a note please. why Indian wives are so timid and naive in taking their own life just because of illicit relations of the husband? Such cases never occured in my State, and if such things occured the wife will go straight to the other girl or woman and bashed her up or she may also follow her husband's style. I just dont understand Indian woman's physiology.
MANISH
(Expert) 17 May 2009
No.
The other lady can never be liable u/s 306 even if she might be having illicit relations.
Because she must not be having any idea that the deceased might commit suicide if she came to know of the illicit relations.
Example, A loves B, B loves C, on seeing them in compromising situation, A commits suicide. C cannot be liable because it is a possibility that C is not even having any idea about the liking of A with B.
