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THE WORD ‘INSTIGATE’ DENOTES INCITEMENT OR URGING TO DO SOME DRASTIC OR UNADVISABLE ACTION AND THE PRESENCE OF MENS REA IS A NECESSARY CONCOMITANT OF INSTIGATION: PUNJAB AND HARAYANA HIGH COURT

This particular decision is upheld by the Punjab and Haryana High Court through the division bench of Justice Vikash Bahi in the case of Maam Gujjar @ Maam Hussain v State of Punjab (CRM-M-2386-2022).

FACTS

In the instant case, an FIR was lodged by the petitioner- wife alleging that it was her suspicion that her husband had consumed a poisonous substance because he was upset with her threats to murder his entire family. She filed an application before the HC pleading for the grant of an anticipatory bail. Counsel for the petitioner vehemently argued that the entire FIR was based on a suspicion and that there was no prima facie evidence to prove that the petitioner actually caused the husband to commit suicide. The deceased husband had not made any complaint against his wife, nor had any suicide note been found him. The lack of a suicide note coupled with the fact that the SP(D) inquiry had found no role of the petitioner in the suicide, the Counsel urged that the wife’s plea of anticipatory bail should be granted.

JUDGEMENT

The Court, in this case, referred to the decision of the HC in the case of State of Punjab vs. Kamaljit [email protected] Bholi and anr, where the accused was charged with inciting the victim to kill himself and his son, the Court had noted that although the charge can be based on a mere suspicion and evidence need not be looked at meticulously, but if there was no prima facie case against the accused, and the provision of section 107 had not been met, then the accused should be granted bail. In the light of this judgement, the HC noted that for an offence under section 306 of IPC, ingredients laid down in section 107 IPC must be met. There should be evidence of incitement as that is a key ingredient in the offence of abetment of suicide under section 306 IPC. The Court also noted that a woman may be a bad wife but that does not mean that her conduct was for the purpose of inciting her husband to commit suicide. The Court also observed that there was no suicide note and no complaints made by the deceased husband against the wife’s alleged threats and thus, there was no prima facie proof that the wife had abetted the husband’s suicide. Thus, anticipatory bail was granted to the petitioner- wife.

JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

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