Discharge Granted to Accused in Abetment to Suicide Case: Court Finds Insufficient Evidence of Causation.


06 March 2024 Evidence >> Criminal Law   |   FIR >> Criminal Law  

This revision application of Mangal Kashinath Dabhade & Another v/s The State of Maharashtra & Another., challenges an order passed by the Additional Sessions Judge, Thane, on February 2, 2023, which denied the discharge application filed by the present applicants (accused no.2 and accused no.3) in a case of abetment to suicide and alleged caste-based discrimination under the Atrocities Act.

The case involves the suicide of the deceased on February 8, 2018, following a long-term love relationship with Amol Dabhade (accused no.1), who was engaged to another woman. Initially, there were no allegations against the present applicants in the FIR, which primarily blamed Amol for causing the deceased's suicide. However, in a supplementary statement, the first informant (deceased’s mother) mentioned that a few months before the suicide, the deceased had told her about the applicants' opposition to the relationship due to caste differences, which they had expressed in derogatory terms.


 

 

The prosecution argued that this opposition and insult based on caste amounted to abetment to suicide under Section 306 of the IPC and an offence under Section 3(2)(5A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, the Court analyzed the legal principles of abetment, referring to the Supreme Court's decisions in similar cases. It concluded that the applicants’ conduct did not meet the required legal standards for abetment under Section 306 IPC, as their opposition was not proximate to the suicide and lacked any direct or indirect incitement to cause it.

As the applicants’ actions did not lead to the victim’s suicide or create circumstances where she saw no other option, the Court quashed the order denying discharge and granted their discharge from the charges. The revision application was thus allowed, and the applicants were discharged.