Mere Occasional Misbehaviour Or Harassment Does Not Amount To Abetment To Suicide: Madhya Pradesh High Court

The Madhya Pradesh High Court at Gwalior set aside charges framed under Section 306 of the Indian Penal Code, stating that mere occasional harassment or misbehaviour does not amount to abetment to suicide.

A single-judge bench of Justice Sanjeev S. Kalgaonkar observed that for an offence of abetment to be made out, there must be a clear and intentional act of instigation or incitement.

The court relied on various judgements of the Supreme Court including Gangula Mohan Reddy vs. State of Andhra Pradesh, Amalendu Pal @ Jhantu vs. State of West Bengal, Hukum Singh Yadav V/s. State of M.P., and reiterated that the accused's actions must be of such a nature that the victim felt compelled to take their own life, leaving no other option.

“Overt act of accused person must be of such a nature where the victim had no option but to commit suicide. Even assuming that the petitioner misbehaved with deceased, the conduct does not fall within the ambit of "incitement" or "instigation".”

The Court ultimately concluded that the allegations against Khairu were insufficient to constitute abetment to suicide, stating: "Mere occasional harassment or misbehavior does not amount to abetment to suicide."

Background

The facts of the case involved the death of Vandana Rawat, who was found hanging in her home on June 18, 2023. Vandana's relatives claimed that she was driven to suicide due to harassment by her husband, Vikram Rawat, and his cousin, the petitioner, Khairu Rawat. Charges under Section 306 read with Section 34 IPC were framed against Khairu by the Sessions Court, Shivpuri.

The petitioner challenged the charges, arguing that there was no evidence of intentional instigation or any act that directly led to the suicide. It was argued that the petitioner was a distant relative residing 18 kilometres away and only occasionally visited the deceased and her family.

Justice Kalgaonkar, highlighted that the major requirement for abetment to suicide under Section 306 IPC is a clear "mens rea" or intent to provoke the suicide. The Court noted:

"There is no positive or direct allegation that the petitioner intended the death of Vandana or that he goaded, urged, provoked, incited, or encouraged her to commit suicide. The general and omnibus allegations made against the applicant are trivial in nature, which generally take place in every household."

The High Court thus quashed the charges against Khairu under Section 306 read with Section 34 IPC and discharged him from the case.

Case title: Khairu @ Satendra Singh Rawat Vs The State Of Madhya Pradesh And Others

Citation: CRIMINAL REVISION No.639 of 2024

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