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The Supreme Court gave a landmark judgement by catering to the fact that usage of mere abusive language will not lead to abetment of suicide.
“There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide.” Justice R Banumathi and Justice Indira Banerjee have played the significant role by allowing the appeal filed a man who has been convicted for the act of abetment of suicide. The court observed that there should be substantial evidence to prove that the accused had instigated the person to commit suicide.
In this case, the deceased Rajagopal had undergone a debt of Rupees 80,000 given to him by the accused Arjunan. The prosecution mentioned that due to the alleged torture by the accused, Rajagopal committed suicide leaving a suicide note. The trial court convicted the accused and had gave rigorous punishment i.e. imprisonment for three years.
The bench mentioned that the significant elements of the offence under Section 306 I.P.C are –
“the abetment; the intention of the accused to aid or instigate or The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C.”
The court had also mentioned the following-
“Having advanced the money to the deceased, the appellant-accused might have uttered some abusive words but that by itself is not sufficient to constitute the offence under Section 306 I.P.C. From the evidence brought on record and in the facts and circumstances of the case, in our view the ingredients of Section 306 I.P.C. are not established and the facts and circumstances of the case, in our view the ingredients of Section 306 I.P.C. are not established and the conviction of the appellant-accused under Section 306 I.P.C. cannot be sustained.”
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