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Creating Circumstances That Drive A Person To Commit Suicide May Be Abetment: Chhattisgarh HC

Ashok K.M
28 Jun 2017 7:21 AM GMT
Creating Circumstances That Drive A Person To Commit Suicide May Be Abetment: Chhattisgarh HC
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While refusing to quash a case against a man accused of abetting suicide of his wife, the Chhattisgarh High Court has observed that if the accused had created circumstances that led to a situation which made a person feel totally frustrated and, thereafter, commit suicide; it may amount to abetment punishable under Section 306 of the Indian Penal Code.

In the instant case, the wife of the accused had committed suicide and the accused was charged with the crime of abetting it. He had approached the high court seeking to quash the charge against him.

Justice Goutam Bhaduri observed that statement of relatives of the deceased on record would reveal that circumstances created by the accused-husband that forced the wife to commit suicide and allegations of mental and physical torture were levelled against the petitioner on different grounds. “Therefore, the abetment or instigation whether existed or not has to be further clarified during course of evidence. Statements, as now exist, point out circumstances were created by the petitioner to form a prima facie opinion,” the court observed.

It said: “In a given set of circumstances, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which, in fact, had created the situation that a person felt totally frustrated and committed suicide.”

Read the judgment here

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