Suicide memo not proof enough for provocation charge, says HC

Author yuvamind

Mumbai:-Bombay high court has said in a decision that a suicide memo is not proof enough to charge someone with provocation a suicide. The HC ruled last week that one cannot be held accused of provocation “merely because a relationship fails”. There must be evidence of the accused having “intentionally aided” the victim to end his or her life.
The ruling came while the court was hearing an appeal filed by the state against a recent session’s court judgment. According to the state’s plea, the lower court had erred in acquitting Mumbai resident Anurag Singh, whom police had charged under section 306 and section 495 of the IPC for abetment and concealment of marriage. The prosecution was already married; Singh had made a false promise of marriage to the dead, who were a third-year college student. One day the young woman came to his house unannounced and discovered that he was living with his wife. She then came back home and hanged herself. Police found a suicide note by her bedside in which she had blamed Singh for her death. The sessions court, however, rejected the memo, interrogating its reality. Justice Abhay Thipsay of the Bombay high court was presiding over the matter, rejected the state’s request, saying “even if the court was to believe in the genuineness of the suicide memo, the memo alone would not be enough to hold Singh guilty under section 306”. “A study of the case laws on provocation discloses that even if a person commits suicide because of being tormented by the accused, the accused cannot be held guilty of provocation unless there is proof that he encouraged the victim to end her life,” Justice Thipsay said during rejecting the state’s request.
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