Frustrating a person that drives him to commit suicide amounts to Abetment
June 28, 2017In a matter before the Chattisgarh High Court, wifie of the accused committed suicide and he was charged with the crime of abetting suicide which is punishable under Section 306 of the Indian Penal Code.
The accused pleaded before the High Court to quash the charges against him. The accused-petitioner and the deceased were married since 2013. They also had a child.The petitioner claimed that his wife was going through depression and the child was also suffering from some heart ailment and she herself has taken the step to commit suicide, the petitioner can't be blamed for that.The relatives of the deceased alleged that petitioner was having an illicit relationship with another girl and she was subjected to mental and physical torture.
Justice Goutam Bhaduri by considering the statements of the relatives of the deceased on record observed that the accused husband has created such circumstances that made a person feel totally frustrated and thereafter forced her to commit suicide. Further, allegation of physical and mental torture was also levied on the accused.
The Court held that, Therefore, the abetment or instigation whether existed or not has to be further clarified during the course of evidence. Statements as now exist to point out circumstances were created by the petitioner to form a prima facie opinion.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.”