Sri K C Shashikirana vs The State Of Karnataka on 23 June, 2025
41. This Court in para 20 of Ramesh
Kumar [Ramesh Kumar v. State of Chhattisgarh,
(2001) 9 SCC 618 : 2002 SCC (Cri) 1088] has
examined different shades of the meaning of
"instigation". Para 20 reads as under : (SCC p. 629)
'20. Instigation is to goad, urge forward,
provoke, incite or encourage to do "an act". To
satisfy the requirement of instigation though it is not
necessary that actual words must be used to that
effect or what constitutes instigation must
necessarily and specifically be suggestive of the
consequence. Yet a reasonable certainty to incite the
consequence must be capable of being spelt out. The
present one is not a case where the accused had by
his acts or omission or by a continued course of
conduct created such circumstances that the
deceased was left with no other option except to
commit suicide in which case an instigation may have
been inferred. A word uttered in the fit of anger or
emotion without intending the consequences to
actually follow cannot be said to be instigation.'