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Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): Dalveer Bhandari, A. K. Patnaik , JJ

(A) Penal Code (45 of 1860) , S.107— Abetment - Involves mental process of instigating or intentionally aiding person to do certain thing - Some positive act by accused - Essential to constitute abetment. (Para 20) (B) Penal Code (45 of 1860) , S.306— Abetment of suicide - Mens rea and active act by accused - Essential to constitute offence - Accused alleged to have levelled allegation of theft of ornaments on deceased, his servant and also demanded advance paid at time of his employment - Deceased committing suicide by consuming poison - Appears to be hypersensitive man - Accused not liable to be convicted u/S.306. (Para 18 21 22) (C) Words and Phrases - Suicide - Means self-killing - Word not defined in Penal Code. The word suicide in itself is nowhere defined in the Indian Penal Code, however, its meaning and import is well known and requires no explanation. 'Sui' means self and 'cide' means 'killing' thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.(Para 7) ....