 A charge under S. 306 read with S.

34, IPC
was laid against the mother-in-law of the
deceased and her husband of having abetted
the commission of suicide by instigating and
inciting her.
 The evidence revealed many circumstances
which showed that the mother-in-law
suggested to the deceased by conduct,
language direct or indirect expressions to
commit suicide.
 Although, it did not amount to express
solicitation, but her cruel conduct towards
the deceased over the months made the
deceased suffer mentally.
 Therefore, the series of conduct amounting
to actively suggesting or stimulating the
deceased to commit suicide, it was held,
clearly amounted to instigation.
 A person is said to abet the commission of an
offence, if he intentionally renders assistance or
gives aid by doing an act or omitting to do an
act.
 Mere intention to render assistance is not
sufficient.
 There must be some active conduct on the part
of the abettor and the act must be accomplished
in pursuance thereof.
 Aid may be given both by an act of commission
as well as by an act of illegal omission .
 For instance, if a police officer knowing that
certain persons were likely to be tortured for
the purposes of extorting confession, keeps
himself away from the place, he is liable for
abetment to the offence of extortion by an
act of omission.
 The act or omission which constitutes the aid
must have been done intentionally
 The aid must have been given either prior to
or at the time of the commission of the
offence abetted.
 It was held that unless it is shown that the
commission of the crime was not possible
without the specific aid rendered by a person,
he would not be liable for an offence under
this section
 Aiding and abetting of an offence are
different from actual participation in a crime.
Hence, where the accused have been charged
with actual participation in a crime but are
only found to have aided and abetted the
commission of the crime, they cannot be
convicted of the crime charged.
 However, insignificant the aid may be, it
would be abetment if it was given with the
requisite intention or knowledge.
 The test is not to determine whether the
offence would or would not have been
committed if the aid had not been given but
whether the act was committed with the aid
of the abettor in question.