Kerala High Court discharges man who told 'go away and die' to woman who died by suicide

Kochi: The Kerala High Court has discharged a man accused of abetment of suicide by telling a woman to "go away and die," saying the words were used in the heat of the moment.

Referring to Supreme Court judgments, the HC held that words uttered casually or in the heat of the moment during a quarrel do not constitute abetment of suicide.

The court said the crucial factor is the intention of the accused and not the perception of the deceased.

The case pertains to a woman and her young daughter allegedly dying by suicide after being scolded by the man.

A bench of Justice C Pratheep Kumar discharged Safwan Adhur of Bara in Kasaragod, against whom a local court had decided to frame charges for abetment of suicide under Section 306 and destruction of evidence under Section 204 of the IPC.

According to the prosecution, Adhur was in a relationship with a married woman. After learning that he was planning to marry another woman, the deceased questioned him and an argument ensued, during which he allegedly told her to "go away and die".

On September 15, 2023, the woman and her five-and-a-half-year-old daughter died after jumping into a well, following which the Melparamba police in Kasaragod registered a case against Adhur.

The Additional District and Sessions Court, Kasaragod, court had rejected Adhur's discharge plea and decided to frame charges against him.

"In the instant case, the words 'go away and die' were uttered in the midst of a wordy quarrel, in the heat of passion, without any intention to instigate the deceased to commit suicide. As such, the offence under Section 306 IPC is not attracted," the court observed.

The court further held that since the allegations did not make out an offence under Section 306 IPC, the charge under Section 204 IPC would also not stand.

Accordingly, the High Court set aside the order of the Additional District and Sessions Court and discharged the petitioner from all charges.