Mere allegations in suicide note not sufficient to invoke charges under section 306 IPC

Noushad Ahmed Vs State of Karnataka

Karnataka HC

23/10/2019

Criminal Petition No. 7001/2019

About/from the judgment:

The High Court while granting anticipatory bail to an accused charged under section 306, has said "Mere allegations in the death note that the petitioner and others are responsible for his death, would not be sufficient to come to the conclusion that the petitioner has committed the said offence, unless the overt acts and conduct of accused are stated, in order to prove the case of the prosecution and that is sufficient to drive the person to commit suicide."

 

The court while granting anticipatory bail to one Noushad Ahmed directed him to surrender before the investigating officer and on execution of personal bond of RS 50,000 be released on bail. Petitioner is directed not to hamper with the investigation or tamper with evidence. He shall cooperate with the investigation and not leave the jurisdiction of the investigating officer without prior permission.

 

The Cantonment Railway Police had arraigned Ahmed as accused number 3 in the suicide case of fabricator. It was alleged that on examination of the dead body, the complainant and the police found a piece of paper of a notebook in which the deceased had stated that the petitioner and the others were responsible for his death. It is also stated that the deceased was indebted huge money during his life time for the purpose of doing the grill work in apartments.

 

The court said "Even considering the said death note of the deceased, the reason for implicating the accused persons by the police is not stated.The allegation is too vague."

Read the Judgment

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