Madhya Pradesh HC discharges accused in abetment to suicide case [Read Order]

Madhya Pradesh: The Madhya Pradesh High Court has delivered a significant judgment discharging an accused in an abetment to suicide case, emphasizing the high threshold of evidence required for such charges.

Justice Sanjeev S. Kalgaonkar, while allowing a criminal revision petition, set aside a lower court’s order that had framed charges against the accused under Section 306, read with Section 34 of the Indian Penal Code.

The court observed that there was no direct allegation that the accused intended the victim’s death or instigated her to commit suicide. Justice Kalgaonkar noted:

“Mere occasional harassment or misbehavior does not amount to abetment to suicide.”

Highlighting the nature of allegations in familial contexts, the court stated:

“The general and omnibus allegations made against the applicant are trivial in nature and generally occur in every household.”

The High Court emphasized the principle derived from Supreme Court precedents in Hukum Singh Yadav vs. State of M.P. and Sanju @ Sanjay Singh Sengar vs. State of Madhya Pradesh:

“The principle flowing from these judgments is that the overt act of the accused person must be of such a nature that the victim had no option but to commit suicide. Even assuming that the petitioner misbehaved with the deceased, the conduct does not fall within the ambit of ‘incitement’ or ‘instigation.’”

In conclusion, the court held that the offence under Section 306, read with Section 34 of the IPC, was not prima facie made out against the accused. It set aside the lower court’s order framing charges and discharged the petitioner.

[Read Order]