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CHEEKATI MANAVENDRANATH ROY
M. C. Saraswathamma – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Cheekati Manavendranath Roy, J. - These two Criminal Petitions under Section 438 of the Code of Criminal Procedure, 1973, are filed to enlarge the petitioners on bail in the event of their arrest.
2. The petitioners in Criminal Petition No.1276 of 2022 are a-4 and a-5 and the petitioners in Criminal Petition No.1309 of 2022 are a-6, a-8 and a-10 in Crime No.18 of 2022 of Somandepalli Police Station, ananathapur District. Therefore, as the petitioners in both the petitions are accused in the same crime, both the petitions are heard together and they are being disposed of by this common order.
3. a case under Section 306 r/w 34 IPC was registered against the petitioners in the above crime.
4. Briefly stated, it is the case of the prosecution that on 18.01.2022 at about 03.00 P.M., the petitioners herein along with other accused threatened the deceased to give his lands to the Government and also threatened him that if he does not give his lands to the Government to die by committing suicide and they also threatened him that they would expel them from the village with the help of the ruling party. Therefore, the deceased has consumed pesticide and committed suicide. It is stated
The necessary ingredients contemplated under Section 107 IPC for abetment to suicide were satisfied, leading to the dismissal of the anticipatory bail petitions.
The necessary ingredients contemplated under Section 107 of IPC regarding intentional instigation or aid given by the accused to the deceased are to be established during the course of investigation.
For abetment of suicide, mere quarrels or angry words do not constitute instigation unless there is clear intention to aid or conspire in the act.
The main legal point established in the judgment is the requirement of intention and continuous course of conduct by the accused to constitute abetment of suicide under Section 306 IPC.
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