Allegations of illicit relationship - unnatural sex - taking medicine for enhancing sexual strength - showing obscene clippings etc cannot be said to be Instigation under sec 107 IPC

Devanand Chandwani Vs State of Chhattisgarh

Chhattisgarh HC

01/03/2019

Criminal Revision No.654 of 2016

About/from the judgment:

Penal Code, 1860 – Ss. 107 & 306 - Abetment of suicide - Allegations that husband was having illicit relationship, he was making sexual relationship with the deceased daily, he was also making unnatural sexual relationship with her, he was also taking medicine daily for enhancing his sexual strength and he was also showing her obscene clippings, even if for the sake of argument they are considered to be true, these allegations cannot be said to be “instigation” as defined under Section 107 of the Indian Penal Code.

 

No doubt, the deceased committed suicide, but there is nothing available to show that the Applicants instigated or abetted her in any way to commit suicide. In the opinion of this Court, on considering and accepting the entire material available to be absolutely correct and true on their face value, no prima facie case for framing of the charges against any of the Applicants for offence punishable under Sections 306 and 201/34 of the Indian Penal Code is made out as there is no nexus and proximity with the conduct and behaviour of the Applicants with that of the suicide committed by the deceased. None of the three ingredients enumerated in Section 107 of the Indian Penal Code is found in the instant case.

Read the Judgment

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