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1985 Supreme(SC) 239

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN
Chanchal – Appellant
Versus
Union Territory, Chandigarh – Respondent


JUDGMENT

ORDER :— In this appeal by special leave, the appellants have been convicted under Sec. 306, Indian Penal Code (Abetment to commit suicide).

2. We have heard counsel for the parties and have gone through the record. We find that there is no legal evidence at all to support the conviction of the appellants. The incident took place on 20-7-81 but the F.I.R. was lodged three days later at 5. 10 p.m. This was because the brother of the deceased who lodged the RIK was staying at a different place. Counsel for the respondent was unable to satisfy us that there. was any dependable evidence in regard to the actual abetment, by any of the accused, for the deceased to commit suicide. On the other hand, there are certain important and innate circumstances which completely destroy the theory of abetment to commit suicide. In the first place it appears that the brother of the deceased (P.W. 1) stated that when the deceased visited him sometimes in May he was told by her that the accused were demanding money in order to build a house for her and her husband. This by itself does not at all prove any intention-to abet her to commit suicide by any of the accused. Even if we regard it as a d



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