Netai Dutta vs State Of West Bengal on 28 February, 2005
3. Learned counsel for the applicants contended that prima facie on the
facts and evidence as adduced by the prosecution in the case, no offence
under Section 306 of the IPC is made out against the applicants/accused as
there is no evidence on record to show that the applicants in any manner
instigated, aided or provoked the deceased to commit suicide. Learned
counsel for the applicants has relied upon the judgments passed by the
Apex Court in the case of Netai Dutta Vs. State of West Bengal [(2005) 2
SCC 659] and Sanju @ Sanjay Singh Sengar Vs. State of M.P. [(2002) 5
SCC 371] and contended that the applicants have not committed any
willful act or omission or intentionally aided or instigated the deceased in
committing the act of suicide. There is no case that the applicants have
played any part or any role in any conspiracy which ultimately instigated or
resulted in the commission of suicide by deceased.