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2025 Supreme(Online)(Bom) 1843

BOMBAY HIGH COURT
ARUN R. PEDNEKER, J
KAPIL VISHNU DABHADE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.V.Gore
For the Respondents: Mr.S.P.Sonpawale

CORAM : ARUN R. PEDNEKER, J.

[VACATION COURT] DATE : 16.05.2025 P.C. :

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0174/2025, registered with Chandanzira Police Station, Dist. Jalna, for the offence punishable under Section 108, 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3] The allegation against the applicants is that the applicants have threatened and assaulted the deceased. Thereafter, the deceased has committed suicide by hanging himself.

4] However, in the case of Mahendra Awase Vs. State of Madhya Pradesh reported in 2025 SCC OnLine SC 107, the Hon’ble Supreme Court has laid down the law in respect of abatement of suicide at para Nos. 13, 14 and 15 as under:-

“13. In Swamy Prahaladdas vs. State of M.P., [1995 Supp (3) SCC 438], the appellant remarked to the deceased that 'go and die' and the deceased thereafter, committed suicide. This Court held that:-

"3. ...Those words are casual nature which are often employed in the heat of the moment between quarrelling people. Nothing serious is expected to follow thereafter. The said act does not reflect the requisite 'mens rea'

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