Broken relationship insufficient to charge man with abetment to suicide: Bombay HC
Nagpur: The Nagpur bench of the Bombay High Court has ruled that a man cannot be held liable for abetting a woman’s suicide solely because their nine-year-long relationship ended. Discharging the man from the case, Justice Urmila Joshi-Phalke observed that a broken relationship, by itself, does not amount to abetment to commit suicide.
The court's decision on January 15 came after the man was accused of provoking the woman to take her life. However, Justice Joshi-Phalke noted that the evidence, including an extensive suicide note and WhatsApp messages, revealed that the relationship was consensual. "The physical relations between them were developed out of love and were consensual," she stated.
The court highlighted that there was no evidence suggesting the man provoked or instigated the woman. "Merely refusing to marry her does not constitute instigation. At most, the applicant can be said to have ended the relationship," the court remarked.
The judge also pointed out that the woman’s suicide was not an immediate consequence of the breakup. She explained that the relationship ended in July 2020, but the woman died by suicide in December 2020. "There is no proximity or direct connection between the breakup and her decision to take her life," Justice Joshi-Phalke said.
The court overturned the decision of the Sessions Court at Khamgaon, Buldhana district, which had earlier refused to discharge the man. The Sessions Court had considered the deceased’s father’s argument that the breakup caused his daughter significant emotional distress, as detailed in her suicide note.
In his defence, the accused argued that the relationship was consensual and that the deceased continued to contact him even after the breakup. He contended that his refusal to marry her could not be considered abetment. The High Court agreed with his arguments and quashed the lower court’s order.
Justice Joshi-Phalke concluded that without evidence of provocation or instigation, a broken relationship alone cannot form the basis for a charge of abetment to suicide.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
