Ramesh Kumar vs State Of Chhattisgarh on 17 October, 2001
It is a tentative view that
the Court forms on the basis of record and documents annexed
Signature Not Verifiedtherewith. No doubt that the word œinstigate used in
Signed by: MADHU
SOODAN PRASAD
Section 107 IPC has been explained by this Court in Ramesh
Signing time: 12-04-2023
11:06:56 AM Kumar v. State of Chhattisgarh ((2001) 9 SCC 618) to say that
11
where the accused had, by his acts or omissions or by a
continued course of conduct, created such circumstances that
the deceased was left with no other option except to commit
suicide, an instigation may have to be inferred. In other words,
instigation has to be gathered from the circumstances of the
case. All cases may not be of direct evidence in regard to
instigation having a direct nexus to the suicide. There could be
cases where the circumstances created by the accused are such
that a person feels totally frustrated and finds it difficult to
continue existence.''
Therefore, it is clear that a person can be said to have instigated another
person, when he actively suggests or stimulates him by means of language,
direct or indirect. Instigate means to goad or urge forward or to provoke, incite,
urge or encourage to do an act.