Skip to main content

Suicide note not enough proof of abetment: Bombay HC

The Bombay high court on Tuesday observed that a suicide note alone was not enough proof in a case of abetment of suicide and dismissed an appeal against acquittal in one case. In the absence of independent evidence to prove a case of abetment, Justice A H Joshi dismissed the appeal filed by the victim's family.

The judge was hearing an appeal filed by the family of a suicide victim against the acquittal. The appeal, filed last year by one Sunil Bhavsar, challenged a sessions court verdict of acquittal. His lawyer argued that it was a case in which a woman was pushed into committing suicide and that a suicide note she left behind "proved the abetment charge". She was harassed and threatened, the lawyer argued.

The case was from Nashik and the lawyer said a complaint was filed in 2010 with the Nashik police about the harassment and threats she faced that led to her eventual suicide. Hence, the abetment to suicide charge is proved, he argued and the acquittal ought to be overturned.

The state did not file an appeal. The appeal itself was dismissed, by default, by the HC earlier in March 2013 as the lawyer for the appellant had not turned up on a date when it was scheduled for a hearing.

On Tuesday, when the lawyer for the victim's family stressed on the suicide note and threats she allegedly received before the suicide, Justice Joshi said, "This is no mathematical equation, that a suicide note plus threat equals abetment...If harassment is proved, show the proof," the HC said. The judge said, "A threat to kill is not abetment. (Giving) An advice to kill is also not abetment."

In case of a suicide, higher courts have held that in each case the circumstances and evidence is crucial to decide whether there was abetment, which would involve acts by another person to actually instigate the person into committing suicide, the SC has held.

WHAT THE SC HAS HELD

"If it appears to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged and such petulance, discord and difference were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty."

Comments

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.