Bombay High Court Discharges Accused in Suicide Case, Rules Out Abetment Charges.
06 March 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
In Mangal Kashinath Dabhade & Another v/s The State of Maharashtra & Another., the Bombay High Court dealt with a criminal revision application challenging an order passed by the Additional Sessions Judge, Thane, which had rejected the discharge application of the accused (original accused nos. 2 and 3) in a case involving the suicide of a woman. The applicants, who were the mother and sister of the prime accused (Amol Dabhade), were accused of abetting suicide under Section 306 of the Indian Penal Code (IPC) and violating the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act due to caste-based discrimination.
The victim had been in a relationship with Amol for several years, but he was engaged to another woman, which allegedly led the victim to take her own life. The applicants were implicated based on a vague statement by the victim’s mother, which indicated that the applicants had opposed the relationship due to the victim’s caste. However, the court found that there was no direct evidence or active involvement of the applicants in the victim’s suicide.
The court relied on Supreme Court precedents regarding the interpretation of Section 306 IPC, noting that mere opposition to a relationship, especially without any instigation or incitement leading directly to suicide, was insufficient to charge someone with abetting suicide. The court ruled that the materials on record did not establish the necessary elements for the offence under Section 306 IPC or the Atrocities Act. As a result, the court quashed the impugned order and discharged the applicants from the charges.