August 3, 2021 12:01:08 pm
Observing that if a person taking his own life names someone in the suicide note then that statement must be taken seriously, the Punjab and Haryana High Court dismissed the pre-arrest bail plea of a woman, facing a FIR for abetment of suicide.
The petitioner, Sudha, had been booked in Rewari (Haryana) after a person died by suicide on June 10, 2020.
The deceased had left behind a suicide note in which he had blamed the present petitioner, Sudha, and her husband, Yaspal, for driving him to suicide. On matter being reported to the police by son of deceased, a formal FIR was recorded.
The petitioner’s counsel contended that offence under sections 306 (abetment of suicide) or 506 (criminal intimidation) of IPC is not made out against the petitioner since no abetment on her part to the suicide committed by the deceased is made out. The petitioner, the lawyer said, had never harassed the deceased, rather there was a dispute regarding some payment between them. The deceased had served a legal notice on May 22, 2020, upon the petitioner for making the payment.
The state counsel in reply submitted that the petitioner is specifically named in the suicide note.
The bench of Justice H S Madaan, after going through the suicide note of the deceased, held that a perusal of such suicide note goes to show that the deceased has specifically mentioned therein that petitioner/accused had contacted him in the year 2018 and asked him to lend money for the purpose of construction of her house and he after selling the crops gave cash amount of Rs11,50,000 to her. The note added that when the deceased asked Sudha and her husband to return money, they put off the matter and ultimately threatened him. “It is under very compelling circumstances that one ends his own life and while doing so, if the person committing suicide named some other person being responsible to force him to take the extreme step, his such statement is required to be taken up with all the seriousness. Why should a person leaving this mortal world by ending his life himself would blame an innocent person holding him responsible for his death, is difficult to understand,” said Justice Madaan.
Regarding the argument by counsel for petitioner that there was a dispute regarding payment between her and deceased and no abetment on her part is made out, the bench said that it would be looked into by the trial court, while determining the guilt of the accused.
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