Indian Penal Code, 1860 – Section 306 – Abetment of Suicide – Ingredients of offence not satisfied – Nothing relate to abetment of suicide in dying declaration – Held: The habit of drinking, the act of squandering away the property, physical assault, domestic dispute bickerings or quarrels over not able to make two ends meet, lack of money for taking good care of children are quite unfortunate and arouse empathy and emotions from everyone not merely the people living in the vicinity, near relatives or well-wishers of the deceased and her children. But the court has a duty to take decisions on the basis of facts not on the basis of sentiments. In my view the act of the accused may be deplorable but do not amount to “instigation to commit suicide” unless there was something more to add upon. In my view, some more overt act, though may be an indirect one, was required on the part of the accused to bring his acts or conduct within the meaning of the word “instigation”. Conviction set aside (Para 19)
With a sense of guilt, I am constrained to write that this appeal has come up for hearing after the accused had already undergone whole of the term of sentence and was set free. In fact, he was detained for a month over and above the period of imprisonment by inadvertent turn of events which need not be elaborated here. Suffice it to say that chinks in the majesty of law are wide open. The failings and the frailty of justice delivery system is showing by itself. (Para 20)
ALLAHABAD HGH COURT
2023 STPL(Web) 87 Allahabad
[Neutral Citation No. – 2023:AHC-LKO:55949]
Pawan Sut @ Ram Sukh Tiwari Vs. State Of U.P.
Criminal Appeal No. 661 of 2003-Decided on 23-8-2023
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