Tag Archives: suicide

Harassment alone cannot constitute abetment or instigation (for suicide). Husband & in-laws exonerated in ipc306 ipc34. Raj HC


Image result for rajasthan HC images

//// Suffice it to state that for the offence of abetment to suicide if it is the case of the prosecution that the victim was instigated to commit suicide on account of being troubled then harassment has to be to such an extent that she was left with no option other than to kill herself, the test of proximity between the date when the victim took the extreme step and trouble inducing incitement to do the act has to be established. Harassment by itself cannot constitute abetment or instigation. Instigation means active stimulus.

In the instant case, none has established. The conviction of the appellants for the offence punishable under Section 306/34 IPC thus cannot be sustained. ///

This case once again proves that jail sentence IF ANY in a 498a cases is ONLY when the wife is DEAD and even there IF the abetment is NOT proven, then husband and family are exonerated from the suicide per se

Rajasthan High Court – Jodhpur

Bhagirath And Ors vs State on 6 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.

Criminal Appeal No. 898/2015

  1. Bhagirath S/o Bhau Ram by caste Jat
  2. Bhau Ram S/o Hanuwata Ram, by caste Jat
  3. Smt.Shanti Devi W/o Bhau Ram, by caste Jat All Resident of Bodwa, P.S.Kuchera, district Nagaur. —-Appellants

Versus State of Rajasthan —-Respondent

For Appellant(s) : Mr.Nishant Bora with Ms.Chhavi Kalla

For Respondent(s) : Mr.O.P.Rathi, PP

HON’BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG

Judgment 06/02/2019

  1. Heard learned counsel for the parties.
  2. Bhagirath and his parents Bhau Ram and Shanti Devi have been convicted for offences punishable under Sections 306/34, 498-A/34 and 201 IPC. For the offence of abetment to commit suicide they have been sentenced to undergo SI for a period of seven years and to pay fine in sum of ?5000/-, in default to undergo SI for six months. For the offence punishable under Section 498A/34 IPC they have been sentenced to undergo SI for two years and pay fine in sum of ?2000/-, in default to undergo SI for three months. For the offence punishable under Section 201 IPC they have been sentenced to undergo SI for one year and pay fine in sum of ?1000/-, in default to undergo SI for one month. All sentences have been directed to run concurrently.
  3. Bhagirath has already undergone a sentence of 6 years 8 months and 17 days as on 24.1.2019. His parents have undergone a sentence of 11 months and are on bail. Bhagirath is still in jail.
  4. It is the case of the prosecution that Bhagirath’s wife named Santosh committed suicide in her matrimonial house on 6.5.2012. Since it is not in dispute that Santosh poured kerosene oil on herself and set herself on fire resulting in extensive burn injuries and due to shock caused thereby she died, I note only such evidence which would be relevant to sustain the charge for having abetted Santosh’s suicide. Abetment being in the form of instigation by demanding dowry that Santosh was left with no alternative but to end her life.
  5. For the offence punishable under Section 201 IPC, I note that there is evidence of the place where victim set herself on fire was tampered with, in that, using cow-dung and mud an attempt was made to re-plaster the place.
  6. I note the testimony of the parents and relatives of Santosh on the issue of dowry demand and harassment.
  7. PW-2 Mohan Ram, a cousin of Santosh deposed that marriage of Santosh was solemnized eight years back. She joined company of her husband after two years of the marriage. After a year or two of joining her husband in her matrimonial house, his sister was troubled on account of dowry. Two children were born to Santosh. On the 4th of the month when his sister died the ceremony of the maternal-uncle of the girl to give gifts to her was held and for which his sister had come to the parental house. On the 5th his sister returned to her matrimonial house.
  8. The next witness is PW-6 Chhoti Devi, the mother of Santosh. She deposed that her daughter was married to Bhagirath and at the time of the marriage dowry was given in sum of ?2.25 lacs as also jewellery. Immediately after the marriage dowry demands were raised. ?3 lacs and a motor-cycle were demanded. On 4th her daughter had come to parental house for the ceremony of “Mayara”. Santosh told her that two days prior her in-laws had broken her mobile phone. Santosh returned to her matrimonial house on the 5th.
  9. PW-8 Ram Kishore, another cousin of Santosh deposed that after the marriage his sister was harassed on account of dowry demand. A motor-cycle and ?1 lac were demanded.
  10. PW-12 Budharam, the father of Santosh deposed that his daughter was married eight years back and at the time of marriage he gave ?2 lacs and jewellery. The in-laws demanded a motor-cycle and ?3 lacs. She was harassed for said reason. On 4 th his daughter had come to their house for the ceremony of “Mayara”.
  11. PW-17 Ramlal, the brother of Santosh also deposed that his sister was married eight years back and joined company of her husband after two years of the marriage. On account of demand of a motor-cycle and ?75,000/- his sister was being harassed by her in-laws.
  12. PW-20 Punaram, a cousin of Santosh also deposed that Santosh was married 7-8 years ago and joined company of her husband after two years. On account of dowry demand of ?75,000/- his sister used to be troubled by her in-laws. After the ceremony of “Mayara” his sister returned to the house of her in- laws on 5th and died on the 6th.
  13. PW-24 Leela Devi, a relative of Santosh deposed that Santosh was troubled by her in-laws and used to complain her that reason thereof was her parents giving less dowry.
  14. From a perusal of the testimony of the prosecution witnesses it emerges that witnesses have spoken in the plural i.e. in-laws demanding dowry without specifying whether it was the husband or the mother-in-law or the father-in-law.
  15. Relevant would it be to highlight that apart from there being a consistent stand that a motor cycle was demanded, the money demand varies between ?75,000/- to ?3 lacs. The witnesses have not stated the day or even the month when the dowry was demanded and on this aspect the learned Judge convicting the appellants has held that it would be difficult for the witnesses to remember the dates when dowry was demanded.
  16. Suffice it to state that for the offence of abetment to suicide if it is the case of the prosecution that the victim was instigated to commit suicide on account of being troubled then harassment has to be to such an extent that she was left with no option other than to kill herself, the test of proximity between the date when the victim took the extreme step and trouble inducing incitement to do the act has to be established. Harassment by itself cannot constitute abetment or instigation. Instigation means active stimulus.
  17. In the instant case, none has established. The conviction of the appellants for the offence punishable under Section 306/34 IPC thus cannot be sustained.
  18. Learned counsel for the appellants does not dispute the offence concerning plastering of place of the crime using cow-dung and mud and the presence of the appellants in the house. Effectively, the conviction of the appellants for the offence punishable under Section 201 IPC is not challenged.
  19. No serious attempt has been made to question the conviction of the appellants for the offence punishable under Section 498A/34 IPC but the prayer made is that both parents Bhau Ram and Shanti Devi be sentenced to undergo imprisonment for the period which they have already undergone, which is 11 months. As regards Bhagirath, he has already undergone a sentence much beyond two years.
  20. The appeal is disposed of acquitting the appellants for the offence punishable under Section 306/34 IPC.
  21. The appellants are convicted for the offences punishable under Sections 498A/34 IPC and 201 IPC. For both offences I inflict sentence of imprisonment for the period already undergone by both parents Bhau Ram and Shanti Devi. Sentence of two years imposed upon Bhagirath is maintained. He has already undergone a sentence much beyond two years.
  22. Bhau Ram and Shanti Devi have been admitted to bail. Their bail bonds and surety bonds are therefore discharged.
  23. Bhagirath is directed to be set free forthwith, if not required in any other case.

(PRADEEP NANDRAJOG),CJ

5-Parmar/-

Advertisements

Domestic dispute claims life of NSG commando !! Great loss to this nation and the family

NSG commando ‘kills self’ after shooting wife, sister-in-law at Manesar campus 

The commando has been identified as Jitender Singh from Kanpur and family dispute seems to be the cause of the incident, police said. 

Updated: Dec 06, 2017 14:33:19

By Ipsita Pati

The NSG commando, who shot at his wife and sister-in-law, was on deputation from the Border Security Force. (Parveen Kumar/HT Photo)

A 34-year-old National Security Guard (NSG) commando allegedly committed suicide after shooting his wife and sister-in-law in an apparent fit of rage at his residence inside the elite counter-terrorism squad’s Manesar campus in Haryana on Tuesday. Police officials said they suspect familial discord caused the incident.

Assistant sub-inspector Jitender Singh used his MP5 service submachine gun to allegedly shoot his 30-year-old wife and 17-year-old sister-in-law, both of whom are critically wounded, before shooting himself, the police said. Singh’s body has been sent for post-mortem. 

Singh, who had been in service since 2002, hails from Kanpur and was residing in the NSG camp in Manesar for the past two years. He was posted in NSG on deputation from Border Security Force.

The incident took place at 9am on Tuesday. The neighbours reported the incident to police after they heard the gunshots and rushed to his house.

The deceased’s wife, Guddan, and sister-in-law, Kushboo, were admitted to Rockland Hospital in Manesar. Singh’s two children — an eight-year-old girl and two-year-old boy — are safe, police said. The children are being looked after by their neighbours.

“We are investigating the matter. The price reason for the incident is not known as of now. The cause behind the shooting seems to be a dispute in the family. However, we are investigating all angles,” said Dharamveer Singh, ACP, Gurgaon police, Manesar.

The case is currently with the Manesar police station and investigation is being conducted under Section 144 of CrPC.

“We have not yet filed any FIR. We are waiting for the victims’ statements. The family members have been informed and are on their way. Singh’s wife was shot in her lungs, while his sister-in-law received bullet on her abdomen,” said Rahul Dev, SHO, Manesar police station.

An NSG spokesperson said, “Gurgaon police is conducting the probe and we are providing them all required information .”

Man commits suicide, wife booked | Chandigarh News – Times of India

Man commits suicide, wife booked

Ludhiana: Six months after marriage, a 24-year-old man committed suicide by hanging from the ceiling fan at his house in New Shivpuri area. The police have recovered a suicide note after in which the man, Inderjit Singh, has blamed his wife, mother-in-law and her relatives for taking the extreme step.

Police have booked Inderjit’s wife Jyoti, mother-in-law Sarabjit Singh, her uncle and aunt under charges of abetment to suicide.

According to Inderjit’s relatives, his in-laws were pressurizing him to shift with them, but Inderjit wanted to stay with his family. This had caused strain relations between Inderjit and Jyoti.

Monu, brother of Inderjit, said he tried to convince Jyoti, but failed.

Inspector Rajwant Singh, SHO, Daresi police station, said the police have recovered a suicide note from the spot in which Inderjit has named his wife Jyoti, mother-in-law and others. The police have registered a case against all four accused under section of 306 (abatement to suicide) of IPC in this matter.

— Read on

m.timesofindia.com/articleshow/66672168.cms

in 2015 Indian men above 30 yrs age, committed 3 times #suicides as women above same age !! :-(

Male suicides are rampant in India

Married men commit 2 to 3 times as much suicides as women

Its a living hell for men

here are some stats from NCRB 2015 suicide report

suicides in india

Husband educates wife by doing hard labor and grazing cows. She divorces him and he commit suicide by consuming poison.மாடு மேய்த்து மனைவியை படிக்க வைத்த கணவன்.! மனைவி தந்த பரிசு விவாகரத்து., முடிவு கணவனின் மரணம்.!! 

நீலகிரி மாவட்டத்தில் உள்ள கோத்தகிரி பகுதியை சார்ந்தவர் டேனியல். இவர் மாடு வளர்க்கும் பணி செய்து வருகிறார். கோத்தகிரிக்கு அருகில் உள்ள ஊர் மாந்தாடா. இந்த ஊரைச் சார்ந்தவர் சர்மிளா.  டேனியலுக்கும் ஷர்மிளாவிற்கும் கடந்த 7 வருடங்களுக்கு முன்னர் திருமணம் நடைபெற்றது., இவர்கள் இருவருக்கும் குழந்தைகள் ஏதும் இல்லை. டேனியலின் மனைவி கம்ப்யூட்டர் தொடர்பான படிப்பை படிக்க விருப்பம் உள்ளதாக தெரிவித்துள்ளார். இவரின் ஆசைப்படியே இவரது கணவர் மாடுகளின் மூலம் கிடைக்கும் பாலை விற்று தனது மனைவியை படிக்க வைத்துள்ளார்.  படித்தவுடன் படித்ததற்கான கர்வம் தலைக்கேறிய ஷர்மிளா நீ மாடு மேய்க்கும் தொழில் செய்கிறாய் நான் கம்ப்யூட்டர் படித்துள்ளேன் உனக்கும் எனக்கும் சரிப்பட்டு வரத்து என்று தெரிவித்துள்ளர். இந்த சம்பவத்தால் இருவருக்கும் இடையே அவ்வப்போது கடும் வாக்கு வாதம் ஏற்பட்டுள்ளது.  இதனால் ஆத்திரமடைந்த ஷர்மிளா தனது தாயாரின் வீட்டிற்கு சென்று அங்கிருந்து இவருக்கு விவாகரத்து பிரசுரம் அனுப்பியுள்ளார். இந்த விசயத்திற்க்கான விசாரணை கோத்தகிரி நீதிமன்றத்தில் வைத்து நடைபெற்றுள்ளது. விசாரணையின் முடிவில் இந்த வழக்கை இன்று ஒத்திவைப்பதாக நீதிபதி அறிவித்தார்.  இந்த வழக்கிற்கான இரண்டாம் கட்ட விசாரணை இன்று தொடங்க இருந்த நிலையில் டேனியல் விஷம் குடித்து தற்கொலை செய்துகொண்டதாக தகவல் வந்துள்ளது. இது குறித்து விசாரிக்கையில் கடும் மனஉளைச்சலில் இருந்து வந்த அவர் விஷம் அருந்தி தற்கொலை செய்தது தெரிய வந்தது.
— Read on www.newspointapp.com/tamil-news/publisher-seithipunal-tamil/top-news/husband-wife-who-have-studied-his-wife-wifes-gift-divorce-end-husbands-death/articleshow/14504820aa8f7ac74c307a917e32d1be2aa2eddb