Bail in case of abetment to suicide on grounds of no positive action on the part of accused: Punjab High Court.
The Punjab High Court, in Nirmaljit Singh and ors v/s State of Punjab and another (CRM-M-50641-2021 (O&M), delivered on 10th March 2023, held that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. The judgement was presided by Honorable Mr. Justice Aman Chaudhary.
FACTS OF THE CASE:
The principal of a Senior Secondary School, Latala, Ranjit Singh, died by suicide in 2014. In the complaint, the son of the deceased held that he was harassed and threatened, and due to the disturbance and stress caused, his father committed suicide
The Court held that the suicide note did not consist of any specific allegations or instances for attracting Section 107 IPC. There is no proof that the charges of abetment could be imposed. Also, offences under section 306 IPC was also not made out. A reference to Chitresh Kumar Chopra v/s State (Govt of NCT of Delhi) (16 SCC 605) was made, which read as “there should be an intention to provoke, incite or encourage the doing of an act by the latter. Each person’s suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances”.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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