Bhopal (Madhya Pradesh): Gwalior bench of Madhya Pradesh High Court has said that offence of abetment by instigation depends on the intention of the person who abets.
A demand for return of money cannot by itself be construed as an act done with intention to instigate or provoke suicide, as a mere demand of money does not ordinarily drive a person to take such an extreme step. HC set aside trial court order. Justice Pushpendra Yadav passed the order.
As per HC order, if a person commits suicide, the very purpose of seeking refund of money stands frustrated, since in such an event the money cannot be recovered at all. Therefore, act of the petitioner, i.e., demanding the money back or keeping the motorcycle of the deceased, cannot be said as an overt act that left the victim with no option but to commit suicide.
Relatives of the deceased, in their statements, alleged that Bhagwan Singh borrowed Rs 1 lakh from the petitioner and he harassed the deceased for repayment. On the date of the incident, September 13, 2022, petitioner Rinku Lodha kept the motorcycle of the deceased, and due to alleged harassment, Bhagwan Singh committed suicide.
The prosecution claimed that around 9 PM on September 13, 2022, Bhagwan Singh hanged himself at a cement pillar situated in Mata Temple, Guna. A charge under Section 306 IPC had been framed by the court.
