[Arnab Goswami's Plea Against His Arrest In 2018 Abetment To Suicide Case] Live Updates From Bombay High Court
Salve : Under these circumstances, there is no need to keep him in custody.
Salve : The Magistrate rightly asked why the mother committed suicide
Salve : What are the admitted facts?For two years there was money problem. Somebody owed 4 crores. Somebody owed 83 lakhs.
Salve : I can cite a half a dozen more cases. But I think I have made the point clear.
Salve - Please mark the words "proximate to the time of occurrence".
"Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable" - Salve quotes .
"It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide" - Salve quotes from the Gurucharan Singh judgment.
"Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained"- Salve quotes from Gurucharan Singh judgment
Salve now refers to the recent SC judgment in 'Gurucharan Singh v State of Punjab
The intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary for abetment to suicide offence, Salve submits referring to M Arjunan decision.