(1) Smt. Guddi Rawat (2) Virendra Rawat Versus State of MP

Madhya Pradesh High Court (Single Judge)

MISC. CRL, 39932 of 2020, Judgment Date: Jul 26, 2021

Law laid down -

(1) As Section 306 of IPC makes abatement of commission of suicide punishable, therefore, for making a person liable for an offence punishable under Section 306 IPC, it is a duty of the prosecution to establish that such person has abated the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under Section 107 of the IPC and, therefore, it is necessary to prove that the said accused has instigated the person to commit suicide or must have engaged with one or more other persons in any conspiracy for seeing that the deceased commits suicide or he must intentionally act by any act or illegal omission, of the commission of suicide by the deceased.

(2) A person can be said to have instigated another person, when he actively suggests or stimulates him by means of language, direct or indirect. Instigate means to goad or urge forward or to provoke, incite, urge or encourage to do an act.

(1) Smt. Guddi Rawat (2) Virendra Rawat Versus State of MP