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Showing contexts for: instigation to commit suicide in Suresh Kumar And Another vs State Of H.P on 21 August, 2024Matching Fragments
have been inferred. A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
66. Thus, this Court held that to 'instigate' means to goad, urge, provoke, incite or encourage to do 'an act'. To satisfy the requirement of 'instigation', it is not necessary that actual words must be used to that effect or that the words or act should necessarily and specifically be suggestive of the consequence. But, a reasonable certainty to incite the consequence must be capable of being spelt out. Where the accused by his act or omission or by his continued course of conduct creates a situation in that the deceased is left with no other option except to commit suicide, then instigation may be inferred. A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC. A reasonable certainty to incite the consequences must be capable of being spelt out. A continued course of conduct which creates such circumstances that the deceased was left with no other option but to commit suicide would satisfy the ingredients of instigation to commit suicide or abetment of suicide. It is apt to reproduce paras 16 to 18 of the judgment which read as under: -
"25. The ingredients of Section 306 IPC have been extensively laid out in M. Arjunan Vs. State, represented by its Inspector of Police7 which are as under: -
"The essential ingredients of the offence under Section 306 I.P.C. are (i) the abetment;
(ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive Neutral Citation No. ( 2024:HHC:7119 ) language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such an act to instigate the deceased to commit suicide. Unless the .
ingredients of instigation/ abetment to commit suicide are satisfied, the accused cannot be convicted under Section 306 I.P.C."
26. In order to convict an accused under Section 306 IPC, the state of mind to commit a particular crime must be visible with regard to determining culpability. With regard to the same, a two-judge bench of this Court in Ude Singh & Ors. Vs. State of Haryana8 observed as under: -