‘Abetting’ suicide: Mankar’s letter was to prepare for his defence, not to save Jagtap, says HC

The court said two incidents had instigated Jagtap to commit suicide. It said that prior to June 1, Mankar had met Jagtap at the deceased’s office and a verbal altercation ensued. On June 1, Mankar wrote to several police officers, alleging that Jagtap has threatened to commit suicide unless he paid him. On senior counsel Amit Desai’s argument that Mankar was being a vigilant citizen and that his act of sending letters to the police shows that he did not want Jagtap to commit suicide, the court observed that these arguments “are not convincing at this stage”.

“Through the letters, the applicant/accused (Mankar) has communicated to the police about the possible commission of the offence, however, they were not written for rescue but apparently to save himself, rather has prepared his anticipated defence (sic),” the court observed. “He (Mankar) has specifically mentioned (in the letter) that in the event of suicide, the applicant/accused should not be held responsible. These letters reveal that the applicant/accused was fully aware of the mental condition of the deceased that he is likely to commit suicide,” it said.

The court added that the second incident that instigated Jagtap to kill himself was six to seven persons visiting his office on June 2. It said the visit “establishes a nexus between the applicant/accused and the commission of suicide”. The court added that at Jagtap’s office, they demanded that he vacates the property in his possession and threatened him of dire consequences. Later, they asked his son to take Jagtap’s last photograph.

“The manner in which the photograph was taken and in view of the contents in the FIR, I am of the opinion that these are all cumulative circumstances which, prima facie, show that the applicant/accused instigated the deceased to commit suicide,” the court said.