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Person can’t be booked for abetment of suicide for filing complaint against deceased: Kerala High Court

The deceased died by hanging on March 6, 2016, leaving behind two suicide notes implicating the petitioners.

The petitioners argued that the suicide notes merely mentioned that a police complaint was filed by the accused against the deceased, and that merely filing a complaint before a competent authority would not amount to abetting suicide, as it lacked the required instigation or intention.

It was further submitted by the petitioners that the two letters found on the body of the deceased did not connect the petitioners with any crime. The only allegation in the two suicide notes was that petitioners had filed a complaint with the police against the deceased persons and when he was called upon by the police for investigation, he committed suicide.

According to the petitioner’s counsel, under no circumstances can a complaint given by a person to a lawful authority be regarded as abetment of suicide.

However, the State contended that the allegations were based on facts and should be decided through a proper trial and since the suicide notes implicated the petitioners, the prosecution’s case was substantiated.

Source: Barandbench

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