Dispute regarding land - Quarrel took place between accused and deceased - Deceased had been beaten by the accused - Deceased committed suicide - offence u/s. 306 of IPC registered - During investigation, no intention of the accused is found which intended to push the deceased into such a position that he committed suicide specially when the deceased was well aware with the legal remedy and he called the police by dialing 100 prior to the incident.
Held:
A person can be said to have instigated another person, when he actively suggests or stimulates him by means of language, direct or indirect. Instigation requires an active act or direct act which led the deceased to commit suicide seeing no other option and that act must be done with an intention to push the deceased into such a position that he commit suicide. The offence of abetment by instigation depends upon the intention of the person who abets the deceased. Instigation has to be gathered from the circumstances of a particular case and it is to be determined whether circumstances had been such, which in fact, had created the situation that a person felt totally frustrated and committed suicide.Para No.18]
At the Sections 227-228 stage the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence. The court may for this limited purpose shift the evidence as it cannot be expected even at the initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case.[Para No.11]
Relied on State of M.P. Vs. S.B. Johari
2000(2) M.P.L.J (SC) 322:
AIR 2000 SC 665:
2000(2) SCC 57
2000(1) Scale 138:
2000(1)JT 169:
2000 SCC(Cr) 311:
2000 CrLJ 944.
Madhya Pradesh High Court
Sitaram Rajak
Vs.
The State Of Madhya Pradesh
Decided on 06/05/2020