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Bhopal/Jabalpur: The Member of the Supreme Court stated that there was incitement to suicide cannot be registered against a person or a group of persons based on perception.
The police had registered a case against the suspect based on statements from witnesses that the victim died by suicide after he was not allowed to fully participate in a ‘terahvi’ and was asked to leave because his son married a Basod girl. caste. The petitioners argued that there was no suicide note and the victim did not say anything to anyone about his insult.
While a petition seeking quashing of an FIR under Section 306 for abetment to suicide and subsequent action was allowed in the court, Justice Sanjasy Dwivedi noted that a case of abetment to suicide had been registered against the petitioners despite lack of clarity about the reason. why the person in question, who committed suicide, took the extreme step. The court proceeded to file charges against them.
The petitioner, Hiralal Ahirwar, and four other persons in their petition against the FIR registered against them under Section 306 and 34 of the IPC stated: Kamla Prasad AhirwarThe 50-year-old committed suicide on February 5, 2022 by throwing himself in front of a train.
Kamla Prasad Ahirwar had earlier gone to participate in a community celebration on terahvi (13th day after the death of a person in the family) at Hiralal’s house.
Since Kamla Prasad Ahirwar’s son married a girl from Basod caste, they did not allow him to fully participate in the function and asked him to leave after having dinner.
Kamla Prasad’s son and daughter-in-law were also denied food. Police stated that Kamla Prasad felt insulted by the treatment administered to him and committed suicide.
The petitioner alleged that the deceased had not left a suicide note nor had he said anything to anyone about his feelings of insult. The case against them was registered without any solid evidence, and the court also filed charges against them.
While hearing the petition, the court noted that the case was registered by the police based on statements of witnesses, which were based on their perception of what could have happened. However, there was no evidence that the suspects were responsible for Kamla Prasad’s suicide. Referring to the SC’s orders on what actually constitutes abetment to suicide, the court ordered quashing of the FIR and subsequent legal action in court.