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Judiciary

'Human mind, an enigma,' SC sets aside conviction of man for abetment to suicide [Read Judgment]

By Harshvardhan Sharma      02 March, 2024 01:58 PM      0 Comments
Human mind an enigma SC sets aside conviction of man for abetment to suicide

NEW DELHI: The Supreme Court on Friday said human mind is an enigma and there could be myriad of reasons for suicide and it may not always be the case that someone has to abet commission of suicide.

Conviction Overturned in Suicide Case

The Apex court set aside conviction of a man of abetment of suicide of a B Com girl from Karnataka's Mysuru for threatening her to marry him or he would destroy his family in year 2000.

A bench of Justices Bela M Trivedi and Ujjal Bhuyan noted glaring omissions in the prosecution case, making it wholly unsustainable to uphold conviction of Kumar alias Shiva Kumar.

The court also found contradictions in statements of prosecution witnesses, including father of the victim.

In the case, the bench pointed out the post mortem report indicated the victim had died of Organophosphate, a pesticide.

The prosecution, however, failed to recover any syringe or needle from the crime scene and no container or bottle containing the pesticide were also recovered from the room where the deceased was found lying on the floor, it said.

Also Read - SC acquits man in abetment to suicide of wife after 30-year ordeal

Lack of Critical Evidence in Poisoning Death

"In a case of death by poisoning, be it homicidal or suicidal and which is based on circumstantial evidence, recovery of the trace of poison consumed by or administered to the deceased is of critical importance. It forms a part of the chain; rather it would complete the chain to prove homicide or suicide," the bench said.

The court did not find any evidence on the basis of which it can hold the appellant guilty of abetting the suicide of the deceased.

"While the death of a young woman is certainly very tragic, it cannot be said with any degree of certainty that suicide has been proved; the other essential ingredient constituting the offence under Section 306 IPC, viz, abetment cannot also be said to have been proved," the bench said.

The bench also said human mind is an enigma and it is well neigh impossible to unravel the mystery of the human mind.

"There can be myriad reasons for a man or a woman to commit or attempt to commit suicide: it may be a case of failure to achieve academic excellence, oppressive environment in college or hostel, particularly for students belonging to the marginalised sections, joblessness, financial difficulties, disappointment in love or marriage, acute or chronic ailments, depression, so on and so forth," the bench said.

No Evidence of Abetment

"Therefore, it may not always be the case that someone has to abet commission of suicide. Circumstances surrounding the deceased in which he finds himself are relevant," the bench said.

 

[Read Judgment]



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