Penal Code, 1860 — Ss. 306, 309 r/w S. 107 — Suicide Pact — Surviving partner — Purchase of poison — Intentional aid — Abetment established — Conviction upheld. (Paras 113–119) Where accused and deceased entered into a suicide pact and consumed organophosphate poison together, and accused purchased the lethal pesticide (Nuvacron) knowing its fatal nature — Held, reciprocal commitment in suicide pact provides necessary psychological impetus and amounts to intentional aid within meaning of S. 107 IPC — Surviving partner liable under S. 306 IPC — Conviction affirmed.

Penal Code, 1860 — Ss. 306, 309 r/w S. 107 — Suicide Pact — Surviving partner — Purchase of poison — Intentional aid — Abetment established — Conviction upheld.

(Paras 113–119)

Where accused and deceased entered into a suicide pact and consumed organophosphate poison together, and accused purchased the lethal pesticide (Nuvacron) knowing its fatal nature — Held, reciprocal commitment in suicide pact provides necessary psychological impetus and amounts to intentional aid within meaning of S. 107 IPC — Surviving partner liable under S. 306 IPC — Conviction affirmed.

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Evidence Act, 1872 — S. 106 — Facts especially within knowledge — Accused last seen with deceased — No explanation under S. 313 CrPC — Adverse inference permissible.

(Paras 110, 70, 107–110)

Where deceased and accused were last seen together, consumed poison together, and deceased died — Accused failed to explain circumstances of purchase and consumption — Complete denial despite overwhelming evidence — Court entitled to draw adverse inference.

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Penal Code, 1860 — S. 306 — Ingredients — Abetment — Suicide pact — Psychological assurance sufficient — Physical supply not mandatory.

(Paras 113–118)

Abetment not confined to physical supply of means — Mutual agreement and psychological reinforcement in suicide pact constitutes instigation and intentional aid — Each participant strengthens resolve of the other — State’s interest in preservation of life justifies criminal liability of survivor.

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Criminal Law — Allegation of rape and murder by strangulation — Medical and forensic evidence — Deceased conscious at admission — Organophosphate detected — No semen or spermatozoa — Theory of homicide ruled out.

(Paras 79–82, 83–88, 89–95)

Deceased admitted alive, conscious, and disclosed consumption of pesticide — No injuries indicative of strangulation — AP FSL and CFSL reports negative for semen — Expert Committees (State & AIIMS) concluded death due to poisoning — Allegation of rape and manual strangulation wholly unsustainable.

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Medical Jurisprudence — Erroneous postmortem opinion — Premature media disclosure — Violation of professional ethics — Contempt of court principles discussed.

(Paras 98–106)

Autopsy surgeon prematurely opined manual strangulation and gang rape without waiting for FSL report — Expert Committees found misinterpretation of therapeutic injuries — Court deprecated irresponsible media disclosure — Such conduct undermines public trust and may amount to contempt — No action taken due to demise of doctor.

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Criminal Procedure Code, 1973 — S. 313 — False answers — Adverse inference.

(Para 110)

Accused gave false denial of hospital admission and relationship — Failure to offer plausible explanation strengthens prosecution case.

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Forensic Evidence — Organophosphate poisoning — Presence in viscera — Consistent expert opinions — Chain complete.

(Paras 84–88)

Stomach contents showed 150 ml yellowish-brown liquid with abnormal odour — Organophosphate detected in viscera — AIIMS & State Expert Committee concurred — Medical evidence consistent and unimpeachable.

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Evidence — Test Identification Parade — Not sine qua non — Dock identification admissible — PW testimony credible.

(Paras 107–109)

Failure to examine Magistrate conducting TIP not fatal — TIP corroborative — In-court identification by PW-34 reliable — Purchase of poison proved.

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RATIO DECIDENDI

1. Participation in and execution of a suicide pact by mutual consumption of poison constitutes abetment under S. 107 IPC.

2. Surviving participant is liable under S. 306 IPC where his participation intentionally aids or reinforces the deceased’s act.

3. Failure of accused to explain incriminating circumstances within exclusive knowledge attracts adverse inference.

4. Overwhelming medical and forensic evidence of poisoning overrides speculative allegations of homicide.

5. Psychological reinforcement in suicide pact amounts to intentional aid.

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HELD

• Death of deceased was due to organophosphate poisoning and not manual strangulation. (Paras 79–88)

• No evidence of rape or sexual assault. (Paras 89–95)

• Postmortem opinion suggesting strangulation was erroneous and professionally unsound. (Paras 98–102)

• Accused abetted suicide by purchasing lethal pesticide and participating in suicide pact. (Paras 113–119)

• Appeals dismissed; accused directed to surrender within four weeks. (Para 120)