Excelsior Correspondent
JAMMU, Nov 19: 2nd Additional Sessions Judge today held that recourse to legal remedies against a person cannot amount to abetment if the person complained of commits suicide.
These observations were made by the court in a criminal case of abetment to suicide, 2nd Additional Sessions Judge M K Sharma.
According to the police case, on September 14, 2014, one Mohan Singh Salathia committed suicide by hanging himself to death near his house at Machhlian near Nagbani. Anita Rani is widow of the deceased, Rajesh Singh is brother of Anita Rani and Sushma Devi is sister-in-law of Anita Rani. The inquest proceedings under Section 174 CrPC resulted in registration of case under Section 306 RPC.
The deceased got married to Anita Rani about 18 years back but this marriage could not procreate and because of non procreation, the relations between the deceased and Anita Rani turned strain. It was alleged that the accused harassed the deceased by filing complaints/reports against him and his family members in police and fed up with persistent harassment, the deceased committed suicide.
After hearing Advocate Aseem Sawhney appearing for the accused persons, 2nd Additional Sessions Judge observed, “abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, charge of abeting suicide cannot sustain”.
“In the instant case, the deceased appears to be hypersensitive to ordinary discord and differences, which happen in our day to day life. There is no evidence and material on record, wherefrom an inference of the accused having abetted commission of suicide by deceased may be drawn”, the court said, adding “recourse to the legal remedies against a person cannot amount to abetment, if the person complained of commits suicide”.
“On careful scrutiny and critical examination of the facts of the case in the light of settled legal position, court is of the opinion that there is no sufficient and reasonable ground to proceed further in the matter against the accused. In the backdrop of evidence on record, no conviction can be sustained for the commission of offence punishable under Section 306 RPC”, 2nd Additional Sessions Judge.
Accordingly, the court discharged the accused and the surety and personal bonds furnished by the accused were cancelled.
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