In a recent ruling, the Calcutta High Court has quashed a case of abetment to suicide, emphasizing that extreme reactions to minor disagreements do not constitute instigation or abetment under Section 306 of the Indian Penal Code (IPC). The judgment was delivered by Justice Ananya Bandyopadhyay in the case of Joyeeta Saha & Anr. vs. The State of West Bengal (CRR 2546 of 2012), which involved allegations against Joyeeta Saha following the suicide of her husband, Gopal Saha.
Background of the Case
The case stemmed from the suicide of Gopal Saha on October 27, 2010. The de facto complainant, Tushar Kanti Saha, father of the deceased, alleged that his son was driven to suicide due to mental agony caused by the suppression of an earlier marriage by Joyeeta Saha. The complaint led to charges under Section 306 IPC against Joyeeta Saha and another petitioner, with the case registered as G.R. No. 4137/2011.
Legal Issues and Court’s Observations
The primary legal issue was whether the actions of the petitioners amounted to abetment of suicide, which requires evidence of instigation or intentional aid. The court found that the allegations were vague and lacked specific instances of instigation or harassment that could be directly linked to the suicide.
Justice Bandyopadhyay noted that the statements recorded did not reveal any prolonged mental or physical torture by the petitioners. The court emphasized that the victim, being an adult, had the liberty to leave the company of the petitioners if he was distressed. The judgment highlighted, “In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide… Mere harassment is not sufficient to hold an accused guilty of abetting the commission of suicide.”
The court also referenced the Supreme Court’s interpretation, stating that instigation involves a mental process of provoking or inciting a person to commit an act. The absence of such instigation in this case led to the quashing of the proceedings.
The court concluded that the allegations did not constitute a prima facie case of abetment to suicide and quashed the proceedings against the petitioners.
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The petitioners were represented by Mr. Amartya Ghosh, Mr. Siddhartha Paul, and Mr. Sourayadeep Ghosh, while Mr. Avishek Sinha appeared for the State.
