LOKENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted in special leave petitions.

(2.) THE appellants Gian Kaur and her husband Harbans Singh were convicted by the Trial Court under section 306, Indian Penal Code, 1860 (for short "IPC") and each sentenced to six years R.I. and fine of Rs. 2,000/ -, or, in default, further R.I. for nine months, for abetting the commission of suicide by Kulwant Kaur. On appeal to the High Court, the conviction of both has been maintained but the sentence of Gian Kaur alone has been reduced to R.I. for three years. These appeals by special leave are against their conviction and sentence under section 306, IPC.

(3.) ONE of the points directly raised is the inclusion of the 'right to die' within the ambit of article 21 of the Constitution, to contend that my person assisting the enforcement of the 'right to die' is merely assisting in the enforcement of the fundamental right under Article 21 which cannot be penal; and section 306, IPC making that act punishable, therefore, violates Article 21. In view of this argument based on the decision in P. Rathinam, a reconsideration of that decision is inescapable.