Single-judge Justice Anil Kilor in an order passed on March 23, 2022, declined to entertain an appeal challenging acquittal of two men by the sessions court in an abetment of suicide case.
“In the cases of alleged abetment of suicide, there must be proof of direct or indirect act or incitement to the commission of suicide. Merely, on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which held for compel the person to commit suicide, for conviction under Section 306 is not sustainable,” Justice Kilor held.
The Court, therefore, dismissed a criminal appeal filed by one Vitthal Chaudhari challenging the judgment of a sessions court pronounced in May 2019 acquitting two men booked for abetting the suicide of his son, Sandeep.
As per the prosecution case, Sandeep died by suicide on March 10, 2015 by jumping into a well. A note was found wrapped in a plastic bag in his pocket stating that he was ending his life due to continued harassment by Madan Chaudhari and Balaji Gaikwad. It was alleged that the duo didn’t pay him ₹40,000 from his potluck fund and had also threatened to shut his medical store.
Source: Barandbench
