2020 (2) AKR 259 ::AIROnline 2020 Kar 92 ::(2020) 3 KCCR 1909

Karnataka High Court

Hon'ble Judge(s): Ashok G. Nijagannavar , J

(A) Penal Code (45 of 1860) , S.306, S.107— Evidence Act (1 of 1872) , S.3— Abetment of suicide - Appreciation of evidence - Deceased allegedly committed suicide by hanging himself, after accused refused to pay money promised in Panchayat and filed criminal case against deceased for threatening him - Deceased committed suicide after lapse of more than one year of filing complaint by accused - Deceased found to be hypersensitive to discord and differences between his mother and accused - Suicide note not containing definite information about accused compelling deceased to commit suicide or any sort of cruelty meted out to him - In absence of cogent evidence showing instigation or active part of accused compelling deceased to commit suicide - Accused entitled to acquittal. (Para 16 19 21 22 23) (B) Penal Code (45 of 1860) , S.107— Abetment - Involves mental process of instigating or intentionally aiding a person, in doing something - Without positive act on part of accused that led to suicide of deceased, conviction cannot be sustained - Active or direct act of accused must be proved that compelled deceased to commit suicide. (Para 15) .....