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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Safwan Adhur S/o Sayyid Ibrahim Thangal – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. application challenging framing of charges. (Para 1 , 2) |
| 2. background of the case and arguments from both sides. (Para 3) |
ORDER :
1. The 1st accused in S.C.427/2024 pending before the Additional Sessions Judge-I, Kasaragod, arising out of crime No.577/2023 of Melparamba police station filed this petition under Section 438 & 442 of the BNSS, challenging Annexure-A4 order of the learned Sessions Judge rejecting his application for discharge.
2. As per Annexure-A4 order, the learned Sessions Judge decided to frame charge against the petitioner under Sections 306 and 204 of IPC.
3. The prosecution case is that the petitioner had an extra marital relationship with the 2nd accused, who is now no more. When the 2nd accused came to know that the petitioner was about to marry another woman, she inquired about the same with the petitioner. Enraged by the query made by the 2nd accused, the petitioner scolded the deceased saying “go away and die”. It is alleged that, the deceased who was mentally disturbed due to the above act of the petitioner, jumped into a well, along with her daughter aged 51/2 and committed suicide on 15.9.2023 between 5.10 a.m. and 6.00 a.m.
4. According to
Intention of the accused is crucial in defining abetment to suicide; mere quarrelsome statements do not fulfill this criterion.
Intent of the accused is crucial in establishing abetment of suicide under IPC; mere utterances in a quarrel do not suffice.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
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