P&H:Acquits Wife and Brother-in-Law in Abetment of Suicide Case, Says Harassment Alone Is Not Enough

(i) Indian Penal Code, 1860, Ss.306, 107 — Abetment of suicide — Mere allegations of harassment, quarrelling or pressure to separate business, without any specific act of instigation, intentional aid or proximate conduct, do not satisfy the essential ingredients of the offence — Prosecution must...

(ii) Indian Penal Code, 1860, S.306, Indian Evidence Act, 1872, S.45 — Suicide note — Proof of authorship of suicide note does not by itself establish abetment of suicide — Handwriting expert’s opinion may prove that deceased wrote note, but it does not prove truth...

(iii) Indian Penal Code, 1860, S.306 — Harassment and instigation — Distinction between — Family disputes, demands for separate residence or separate business and repeated quarrelling may cause mental distress, but such conduct cannot be equated with instigation to commit suicide unless there is evidence...

(iv) Indian Penal Code, 1860, Section 306 — Conviction — Sustainability — Where the prosecution fails to prove any specific incident immediately preceding the suicide or any positive, intentional or proximate act on the part of the accused, conviction cannot be sustained and the accused...