The Kerala High Court has discharged an accused in a suicide abetment case after noting that the words “go away and die” were made by him in the midst of a wordy quarrel, in the heat of passion and without any intention to instigate the deceased to commit suicide.

The appeal before the High Court was filed by the accused, challenging an order by which the Sessions Judge decided to frame charges against him under Sections 306 and 204 of the IPC.

The Single Bench of Justice C. Pratheep Kumar held, “In the instant case also, the words, “go away and die” made by the petitioner was in the midst of a wordy quarrel between the petitioner and the deceased, in a heat of passion without having any intention to instigate the deceased to commit suicide and as such, the offence under Section 306 IPC is not made out.”

Advocate R.Anas Muhammed Shamnad represented the Petitioner, while Public Prosecutor A.Vipin Narayan represented the Respondent.

Factual Background

It was the case of the prosecution that the petitioner had an extramarital relationship with the second accused (deceased). When the second accused came to know that the petitioner was about to marry another woman, she asked about the same. Enraged by the query made by the second accused, the petitioner scolded the deceased, saying, “Go away and die”. It was alleged that the deceased, who was mentally disturbed due to such an act of the petitioner, jumped into a well, along with her five-and-a-half year old daughter and committed suicide.

Reasoning

On a perusal of the prosecution's case, the Bench found that the deceased was already married to another person. The petitioner had an extramarital relationship with her. The Bench noted that in the ensuing wordy altercation, the petitioner scolded the deceased and said, “go away and die”.

Referring to Sections 306 & 107 of the IPC, the Bench explained that the intention of the accused is important and not what is felt by the deceased. The Bench noticed that in the case at hand, the words, “go away and die”, made by the petitioner without any intention to instigate the deceased to commit suicide. The Bench thus held that the offence under Section 306 IPC was not made out.

“Since the allegations do not constitute the offence under S.306 IPC, the offence under S.204 IPC also will not be attracted. Therefore, Annexure-A4 order passed by the learned Sessions Judge by which he decided to frame charge against the petitioner under S.306 and S.204 IPC is liable to be set aside and the petitioner is liable to be discharged of those offences”, it held.

Thus, allowing the Criminal Revision Petition, the Bench discharged the petitioner of the offences punishable under Sections 306 & 204 of the IPC.

Cause Title: Safwan Adhur v. State of Kerala (Neutral Citation: 2026:KER:6717)

Appearance

Petitioner: Advocates R.Anas Muhammed Shamnad, C.C.Anoop, Saleek.C.A., Thareek T.S., Hamdan Mansoor K.

Respondent: Public Prosecutor A.Vipin Narayan

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Kerala High CourtJustice C Pratheep Kumar

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.