Mumbai: In an abetment to suicide case, what matters is not what the deceased felt or thought but what was the intention of the accused, booked for abetting the suicide, ruled the Bombay High Court on Monday. The HC has further held that even if the accused is abusive and insulting, such conduct, alone would not amount to abetting suicide.
The significant ruling was pronounced by Justice Kalpathi Sriram while dismissing an appeal filed by the Maharashtra government challenging the acquittal of two sisters, who were accused of abetting the suicide of their sister-in-law (brother's wife).
According to the prosecution case, the deceased killed herself in December 1999 at her matrimonial home at Thane. Her death was learnt after her parents, from Colaba had come to visit her. The police had recovered a suicide note, which was lying next to her body.
The suicide note, categorically named her sisters-in-law for harassing the deceased and continuously torturing her. She had given a clean chit to her husband.
While scrutinising the evidence on record, Justice Sriram noted that the suicide note did not specify what kind of harassment was meted out to the deceased.
The court also noted that the statements of her family members only reflect that the deceased felt she was insulted, abused and harassed but no family member specified as to why did she felt so.
Having considered the contentions, Justice Sriram said, “It will be hazardous to convict any accused on the basis of such general statements. Also, the fact that the accused and the deceased were not living under one roof cannot be ignored.”
“I am unable to make out what was the harassment or how did the accused harass deceased. Therefore, should the court only hold someone guilty purely on the basis of the suicide note? I would say no,” Justice Sriram said.
The court further said that all the ingredients, which are required for making out a case of abetting the suicide are missing in the instant case.
“For the offence of abetment of suicide, the act or conduct of the accused, however, insulting and abusive those may be, will not by themselves suffice to constitute the offence, unless those are reasonably capable of suggesting that the accused intended that the consequence of such acts will be suicide,” Justice Sriram held.
The bench said that the prosecution has to establish that the accused intended by their acts, consequence of suicide.
“A fatal impulse or an ill-fated thought of the deceased, however unfortunate and touchy it may be, cannot fray the fabric of the provision that penalises abetment to suicide.
It is not what the deceased felt, but what the accused intended by their acts is more important in this context,” Justice Sriram ruled.
The bench accordingly dismissed the appeal filed by the state government and upheld the acquittal of the two sisters.
