Threats made in anger do not constitute abetment of suicide: HC

Chhatrapati Sambhajinagar:

The Aurangabad Bench of the Bombay High Court Justice Abhay S Waghwase has held that a dispute arising in anger or threats issued in the heat of the moment do not amount to “abetment of suicide” unless there is a direct and proximate link between such acts and the suicide. Making this significant observation the bench allowed a criminal revision application, set aside the sessions court order that had rejected the plea for discharge, and acquitted all three accused in a case registered under Sections 306 and 34 of the Indian Penal Code (IPC).

Background of the case

Krishna Prabhakar Pol, Prabhakar Baburao Pol, and Manglabai Prabhakar Pol were accused of abetting the suicide of a young man named Sagar Pol. The complainant had alleged that following a minor village dispute in January 2021, threats were issued, due to which Sagar died by suicide.

Earlier, the sessions court had rejected the discharge application filed under Section 227 of the Code of Criminal Procedure (CrPC). That order was challenged before the High Court.

Observations of the high court

The high court noted that the last alleged threat was issued on January 20 in the afternoon, while the suicide occurred approximately 16 hours later at a different location. Statements of the deceased’s friends indicated that everything was normal in Chhatrapati Sambhajinagar. Moreover, no suicide note was found. The court observed that no direct and proximate nexus between the accused and the act of suicide could be established.

The bench further held that for Section 306 of the IPC to apply, there must be mens rea (intent), an active act, and a close connection with the suicide. In the absence of these essential ingredients, continuing the trial would amount to an abuse of the process of law.

Accordingly, the high court set aside the sessions court’s order dated January 30, 2023, and acquitted all three accused. The accused were represented by Adv S M Gunjal, with Adv Abhishek Patil appearing on his behalf, assisted by Adv Omkar Shendkar and Adv Aanchal Raghuvanshi.