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Need help in suicide case

(Querist) 09 August 2013 This query is : Resolved 
respected sir,

I am from madhya pradesh and I need yours help as we are in a deep trouble. sir a case against my brother is in court for suicide of a girl and he is on bail, a girl has committed suicide in aug 2010 leaving a suicide note written summry of note " my brothers name ..i love you and I did all what you wanted, i have given all whcih i had still you dont believe me then i cant live and i am commiting suicde"then committed suicide. handwriting expert confirmed that handwriting is girls and main witnesses are her younger sister ,mother , father only.her sister given statement " my sisters affair was with him and one day before suicide there was an argument between them and she told him that i love you and you are not believing on me you are suspecting that i am having affair with others also but that is not true and if you do not believe me then i will suicide then he told go and die (marna hai to maro aur kal kya aaj aur abhi mar jao mujhe tumse koi matlab nahi hai) and pushed her and went away and next day noon my sister commited suicide, similar statements have been given by parrents also. they told to court that reason for suicide is my brother, she wanted to marry my brother but he refused and told her i will not marry you if you want to die then go and die.

sir we asked our lawyer and he is saying that on next hearing on 14/08/2013 court called girls sister again as main witness after that as per our advocate my brothers statement will be taken ( my brother has already given statement in previous statement) then argument between advocates then after courts decision, so please help us and suggest us so we can discuss that with our lawyer.


now my family is in complete shock...sir please suggest me at this stage what should we do as we are expecting court decision in 2013, is there any option to save my brother as charges against him are false but all 3 witnesses from her family only. actual reason for her suicide 'her family was pressurizing her for marriage and then she told to my brother that if he does not marry her then she will not marry to other and will commit suicide and he refused because he was only 20 years and was doing his engineering'. but no other witnesses were called so we unable to prove that in court.

so please help us and advice if there is any option left.

thanking you.


regards
raj sahu
Devajyoti Barman (Expert) 09 August 2013
The text of the suicide letter does not mean your brother is responsible for suicide. Do not worry , he would be acquitted later.
V R SHROFF (Expert) 09 August 2013
THIS NOTE BY ITSELF DOES NOT ATTRACT IPC 306.

As Evidence stage is over and u r waiting for court decision, our suggestion won't help.
Most probably UR BROTHER WILL GET AQUITTAL
If not, you must Appeal to High Court.
malipeddi jaggarao (Expert) 09 August 2013
Agreed with eperts.
prabhakar singh (Expert) 09 August 2013
The SC in a number of other judgments has clarified that to convict a person of abetment of suicide, there has to be a clear mens rea (a guilty mind or intention) to commit the offence.
"It also requires an active act or direct act which led the deceased to commit suicide...," the SC has held.

Gangula Mohan Reddy Vs State of Andhra Pradesh

Mahendra Singh & Another v. State of M.P. 1995 Supp. (3) SCC 731. In the case of Mahendra Singh, the allegations levelled are as under:-

“My mother-in-law and husband and sister-in-law (husband’s elder brother’s wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning.”
The Supreme court on aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under section 306 IPC merely on the basis of aforementioned allegation of harassment of the deceased is unsustainable in law.

In Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618. A three-Judge bench of Supreme court had an occasion to deal with a case of a similar nature.
In a dispute between the husband and wife, the appellant husband uttered “you are free to do whatever you wish and go wherever you like”.Thereafter, the wife of the appellant Ramesh Kumar committed suicide. The Court paragraph 20 has examined different shades of the meaning of “instigation’. Para 20 reads as under:

“20. Instigation is to goad, urge forward, provoke, incite or encourage to do “an act”. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect. Or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. the present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.”

HENCE REFUSAL TO MARRY WITH additional FACT THAT BOY WAS under age,can not come as to be called 'instigation'
Rajendra K Goyal (Expert) 09 August 2013
Well advised by the experts, nothing more to add.
Guest (Expert) 09 August 2013
The suicide note does not suggest that there was any instigation, pressure or compulsion on the girl to commit suicide on the part of your brother, so question of abetment (Sec.306) does not arise.

Of course, you have raised your query at a very late stage to be of any help, as Shri Shroff has suggested you.

However, if final arguments on the part of your advocate are still due, the suggestions and views of the experts can help him.
Raj Kumar Makkad (Expert) 09 August 2013
Nothing wrong is found against your brother on the basis of the suicide note as discussed in detail and thus you need to trust over your lawyer. You shall ultimately get favourable results.


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