Early Times report
Jammu, Nov 19: In a criminal case of abetment to suicide, 2nd additional sessions judge, Jammu, M K Sharma, while discharging Anita Rani, Sushma Devi and Rajesh Singh at the stage of framing charges, held that recourse to legal remedies against a person cannot amount to abetment, if the person complained of commits suicide.
According to the police case, on September 14, 2014, one Mohan Singh Salathia committed suicide by hanging himself to death near his house at Machhlian, Nagbani, Jammu. Anita Rani is widow of the deceased, Rajesh Singh is her brother and Sushma Devi is sister-in-law of Anita Rani. The inquest proceedings under section 174 of CrPC resulted in registration of a case under section 306 of RPC. Mohan was married to Anita about 18 years back, but this marriage could not procreate and because of non procreation, the relations between the became strained. It is alleged that the accused harassed the deceased by filing complaints/reports against him and his family members in police and the court and fed up with persistent harassment, he committed suicide. The investigation culminated in filing of this police report which was committed for trial along with the accused to the court of principal sessions judge, Jammu, who transferred it to the court of second additional sessions judge for disposal under law.
The 2nd additional sessions judge, after hearing the accused's counsel, observed that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, charge of abeting suicide cannot sustain. In the instant case, the deceased appears to be hypersensitive to ordinary petulence, discord and differences which happen in our day to day life. There is no evidence and material on record, wherefrom an inference of the accused having abetted commission of suicide by deceased may be drawn. Recourse to the legal remedies against a person cannot amount to abetment, if the person complained of commits suicide and on careful scrutiny and critical examination of the facts of the case in the light of settled legal position, the court is of the opinion that there is no sufficient and reasonable ground to proceed further in the matter against the accused.
In the backdrop of evidence on record, no conviction can be sustained for the commission of offence punishable under section 306 of RPC. The accused are accordingly discharged. The surety and personal bonds furnished by the accused stand cancelled. --JNF |
