The Allahabad High Court has held that the ambit of Abetment to Suicide also includes continues annoyance by words, deeds or conduct, as in some case these factors can be sensitive and result in provocation of a person.
The single-judge bench of Justice Sanjay Kumar Singh observed the above while denying bail to an accused booked under Section 306 of IPC for allegedly commiting abetment to suicide of her 16-year-old minor girlfriend.
Counsel for the applicant submitted that there is delay in lodging F.I.R., in which it is not mentioned that how the deceased died and she reached to the hospital. He contended that it is being alleged that applicant slapped the deceased but no injury was found on her body. He averred that his client has been falsely implicated due to enmity and the statement of younger sister of the deceased is not
reliable. Submitting that she died in her house due to bite by a poisonous animal, he placed reliance on Gurucharan Singh Vs. Kamla Singh & Ors, 1975 Latest Caselaw 203 SC to contend that there was no mens-rea in the mind of applicant.
The Court noted that for abetment of suicide, there must be a reasonable certainty to incite the consequence. It added that no standard or straight jacket formula can be worked on to decide the same as each case differs in facts and siruation.
"Sometime a comment passed against a person on lighter side are taken very seriously by such persons, who are hyper- sensitive while other persons, who are not so sensitive, behave differently, they ignore even serious comment made against them and try their best to face the situation. Therefore, each case has to be decided on the basis of its own facts and circumstances."
To this, the Court ruled that if the accused kept on irritating or annoying the deceased by words, deeds or conduct, which may provoke, urge or encourage the deceased to commit suicide is an abetment.
"In a case of suicide, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide."
The bail application was thus rejected.
Read Order @LatestLaws.com:
Share this Document :Picture Source :
