Praveen Pradhan Vs. State of Uttranchal
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Head Note
Indian Penal Code,1860 - Section 306 , Section 107
Abetment of suicide - The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who was abetted - The abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC - However, the words uttered in a fit of anger or omission without any intention cannot be termed as instigation. AIR 2009 SC 923, relied.
Indian Penal Code,1860 - Section 306
Abetment of suicide - Deceased was a factory worker - Committed suicide - Left a suicide note stating that accused persistently and consistently harassed him to compel him to do various illegal things - As the deceased had refused to fulfil the illegal demands of the appellant, the appellant made his life extremely difficult, by humiliating him constantly which eventually drove him to commit suicide - As per suicide note accused perpetually humiliated, exploited and de-moralised the deceased, which hurt his self-respect tremendously - The words used are, to the effect that the appellant always hurt the self-respect of the deceased and he was always scolding him - The appellant always made attempts to force him to resign - A case under Section 306 IPC registered against accused - Charge sheet sought to be quashed that no case under Section 306 IPC was made out - Charge-sheet not quashed - Held - The alleged harassment had not been a casual feature, rather remained a matter of persistent harassment.
Topic(s)-Abetment of Suicide