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abettment to suicide

(Querist) 09 June 2008 This query is : Resolved 
i got a case in which a student committed suicide leaving behind a note in which he accussed two of his friends for mantal harrassment which compelled him to do that act.

is there any hope of saving them?
what evidences can be used in their favour?
Srinivas.B.S.S.T (Expert) 09 June 2008
The reality is that they have to face trail. Now coming to the point of saving them, we can save them if we can prove that the harassment whatever it may be described by the deceased is not sufficient to drive any sane person to commit suicide. I can even give you citations if you can set out the facts of the case.
a.haridasan (Expert) 14 June 2008
Dear aj.
the abetment of sucide is deals with the section 306 of IPC and the procecution has to proove all the aspect regarding the ingriediants of 107 ipc ,abettment ,aid ,instigation ,conspirancy ,and it is not easy to implicate an accused and convict him for an offence of abetment without proper evidence and the chance of acquittal is very high ....
aj (Querist) 01 July 2008
actually the person who died was suffering from mental illness n jealousy. we have 2 days hospital record of psychiatric illness nd was delusional and sensitive. he remained depressed for around 15days after he heard about his failure in exam.he also tried suicide on that day bt was unsuccessful and treated in hospital but without any documentation. he used to live nd study with these two guys only but it cant be proved with any written document besides some photos and oral evidence of some other friends. there is family history of psychiatric illness and unfortunately we dont hav any evidence. they are completely innocent and we want to save them at any cost. moreover their anticipatory bail plea was also rejected in high court.
deepak kumar (Expert) 02 July 2008
you have to prove these facts during the trial, you can call the parents as witness and try to prove the history of psychiatric illness. Do also prove the fact of his failure in exams and that it was the cause of his suicide.
have you challenged the suicide note?
anantha krishna n.v. Advocate (Expert) 06 July 2008
First of all, let the prosecution prove the case by establishing the link between suicide and the other circumstances to believe the connection .
In criminal law, the standard of proof required is 'BEYOND ALL REASONABLE DOUBT'. So, the best way to prove them wrong in all ODD SITUATIONS is to infuse an element of doubt into the mind of the judge. Crossexamination is crucial in this case.
aj (Querist) 11 July 2008
ok thanks a lot.
a.haridasan (Expert) 12 July 2008
dear Aj,the criminal court is the court of evidence but the civil court is the court of documents ,so it is not nessessery to prove all the aspects of the evidence before the criminal court through the documents.u have to sommon all the relevant witness for ur case as deffense witnesses and u have to shape ur d.case in the beging it self.....urs.adv.hari


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