that case the court was in a dilemma as to whether it was a case of
murder or a case of suicide. The Apex Court ... case came to the conclusion that the said case was not a case
of murder but was a case where deceased Manju committed suicide
suggested the same to be a case of murder by the appellant and not a case of suicide. It has to be noted that Gulab ... prosecution did not set up a case of strangulation. Rather it proceeded with the case of suicide. In such circumstances there was no corroborating evidence
Investigating
Officer of the case.
Mr. Mukherjee, learned Advocate appearing for the appellants argued that this
was a case of suicide and not a case ... clear case of murder. According to Mr.
Goswami if it was a case of suicide then normal conduct of a person would have
been otherwise
present case distinct
from the aforementioned cases. Considering the facts and
circumstances of the present case, we do not think it is a case which ... suicide is concerned, the
same reads as under:-
"306. Abetment of suicide.--If any person commits suicide, whoever
abets the commission of such suicide
established:
(i) death due to suicide ;
(ii) accused abets the commission of suicide.
rt
57. Word 'suicide' is not defined in IPC . However ... 2023 20:35:02 :::CIS
- 38 -
deceased to commit suicide. Suicide by the
deceased on 27th July, 1998 is not proximate to
the abusive language
established:
(i) death due to suicide ;
(ii) accused abets the commission of suicide.
rt
57. Word 'suicide' is not defined in IPC . However ... 2023 20:35:02 :::CIS
- 38 -
deceased to commit suicide. Suicide by the
deceased on 27th July, 1998 is not proximate to
the abusive language
unusual, whereas in case of
strangulation, fracture of hyoid is uncommon. It has further been opined that in case of
"suicidal strangulation" injury ... uncommon in case of hanging, yet, dried saliva at times is found even in case of death
due to suicidal hanging. We also find that
false case
would not have arisen. Hence the criminal case against
the deceased cannot be called as false and for abetment
of suicide ... case
cannot be treated as an abatement in terms of Section 107
of IPC. Moreover, if the case is a false case, it would
order to bring a case within the purview of Section 306 of IPC
there must be a case of suicide and in the commission ... committed
suicide and the suicide was abetted by the accused. Prosecution has to
establish beyond reasonable doubt that the deceased committed
suicide and the accused
statements of P. Ws. 2 and 5 in the suicide case. The learned Assistant Sessions Judge got himself completely confused in holding that these statements ... Sections 123 and 124 , Evidence Act.
Though the investigation in the suicide case and the investigation under
