Judgment : 1. The appellant has challenged his conviction and sentence for the offence punishable under Section 306 IPC on a trial held by the Sessions Judge, Chikmagalur. 2. The facts reveal that there was a love affair between Mubeena (deceased) and the appellant and they used to wander together in the village. The appellant had agreed to marry Mubeena (deceased), but on 21.05.2004, the appellant and his sisters i.e., accused Nos.2 and 3 went to the house of deceased Mubeena and said that appellant is not willing to marry her and that she can marry any other person. At that time, the deceased expressed that the appellant had loved and assured to marry her, hence, she is not willing to marry any other person and if the appellant does not marry, she will die. At that time, appellant-accused is said to have told her that he is not going to marry her and she may go and die and the sisters of appellant-accused also abused her in filthy language. The deceased got upset by the conduct of appellant and said to have committed suicide by jumping into the well. Her father gave a complaint (Ex.P1) which came to be registered for the offence under Section 306 IPC and during the course of investigation, mahazar (Ex.P4) is held in the presence of PW6 - Dastagir Sab and others and the dead body is removed from the well. PW3 -Kempegowda, the doctor held the autopsy on the body as per Ex.P2. Statement of the witnesses were recorded. Mahazar of the place of incident of abuse was held as per Ex.P4 and after complying necessary formalities, chargesheet was laid against the appellant and his sisters i.e., accused Nos.2 and 3. During the trial, prosecution examined PWs.1 to 9, got marked Exs.P1 to P5. Statement of the accused was recorded under Section 313 Cr.P.C. The Trial Court has convicted the appellant for the charge under Section 306 IPC whereas other accused were acquitted. Aggrieved by the conviction and sentence, the present appeal is filed. 3. I have heard learned Counsel for the appellant and also learned High Court Government Pleader. 4. The point that arisesfor my consideration is: "Whether the appellant has made out any grounds to warrant interference in his conviction and sentence for the offence under Section 306 IPC?" 5. Aggrieved by the conviction and sentence, the present appeal is filed. 3. I have heard learned Counsel for the appellant and also learned High Court Government Pleader. 4. The point that arisesfor my consideration is: "Whether the appellant has made out any grounds to warrant interference in his conviction and sentence for the offence under Section 306 IPC?" 5. Learned Counsel for the appellant relying upon the decision of this Court reported in 2007(5) KLJ 83 (K Ramakrishnappa Vs State) contends that there is no instigation to commit suicide by saying 'go and die' and therefore, the Trial Court has erred in awarding conviction. 6. Learned High Court Government Pleader has supported the judgment and order of the Trial Court. 7. PW1 - Dastagir is the father of deceased and he is an hearsay witness. The incident did not take place in his presence. PW2 - Mehaboobi is the mother whereas PW7 -Salma is the sister of deceased. PW4 -Jamil is the independent witness examined by the prosecution who has turned hostile. PW5 -Aqhamed Jan states in his evidence that both the deceased and appellant were in love and that the appellant did not marry the deceased, hence, she committed suicide. 8. The incident of abuse was in the presence of PW2 - the mother and PW7 - the sister of deceased. Perusal of their evidence and the contents of complaint (Ex.P1) reveals that both the appellant and Mubeena (deceased) were loving each other and they were wandering together. The appellant had agreed to marry her and on the date of incident, he came to the house of deceased and expressed his unwillingness to marry Mubeena and asked her to marry some other person. At that juncture, Mubeena told that if she is to marry, it is only the appellant and none else, otherwise she will lose her life to which the appellant told that he is not willing to marry her and that she may go and die. In the consequences of statement made by the appellant, she is said to have left the house and committed suicide by jumping into the well. Ex.P2 is the postmortem report and PW3 held autopsy. The death of Mubeena by way of suicide is not in dispute. 9. It is relevant to note that amongst the Muslim community, marriage is a contract. Ex.P2 is the postmortem report and PW3 held autopsy. The death of Mubeena by way of suicide is not in dispute. 9. It is relevant to note that amongst the Muslim community, marriage is a contract. Though the appellant and Mubeena were loving each other, when the appellant expressed his unwillingness to marry her, she had other options viz., to marry some other person or she could have remained unmarried. That apart, appellant had told her that she can marry some other person. At that time, Mubeena said to have expressed before him that she is not willing to marry any other person and that she would die if she is to marry some other person. The appellant is said to have asked her to go and die. 10. The words uttered by the appellant in the circumstance itself cannot said to be an instigation as contemplated under Section 107 of IPC to commit suicide. On this aspect of the matter, even the Apex Court was of the opinion that it is the facts and circumstances of each case which will have to be weighed to find out whether there is any instigation to commit suicide. It is only when Mubeena stated that she would marry the appellant and in case if she is to marry some other person, she would commit suicide, it is at that time, the appellant has expressed the words 'go and die'. It is an indication of unwillingness to marry in any circumstance and it cannot be said that there was an intention on the part of appellant to instigate the deceased to commit suicide. This Court in the aforesaid judgment has also took into consideration the words uttered as to 'go and die' and has come to the conclusion that it cannot be treated as instigation to commit suicide. 11. So from the material placed on record, at the most it can be said that words uttered are only to indicate that he is not willing to marry in any circumstances and it cannot be said that it is an act of instigation to commit suicide. So perusal of the evidence and the material placed on record does not reveal any such instigation and therefore, conviction of the appellant for the charge under Section 306 IPC is improper and illegal. 12. So perusal of the evidence and the material placed on record does not reveal any such instigation and therefore, conviction of the appellant for the charge under Section 306 IPC is improper and illegal. 12. That apart, the appellant's sisters who were said to be present at the time of incident have been acquitted by the Court below and the benefit has to be extended to the appellant as well, as the expression to 'go and die' have been uttered by all of them. Furthermore, it is only PW2 - the mother and PW7 -the sister of deceased who have come forward before the Court to support the incident and the utterance of words 'go and die' said to have been uttered by the appellant. Except the interested version of these two witnesses, there is no independent corroboration. Taking into consideration all these circumstances, I am of the opinion that the conviction ordered by the Court below is illegal and deserves to be set aside. 13. In the result, the appeal is allowed. Conviction of the appellant for the charge under Section 306 IPC and sentence thereon is set aside. Appellant is acquitted of the said charges. The fine amount, if any, deposited by the appellant shall be refunded to him.