Mere harassment for recovery of loan does not amount to abetment to suicide: Andhra HC
The Andhra Pradesh High Court in the case Gadipudi Anitha v State of Andhra Pradesh observed and has quashed an abetment to suicide case as stated under Section 306 of Indian Penal Code, 1860, wherein the court stated that a mere allegation of harassment, which being without intention on part of the accused to encourage the deceased for committing suicide would not constitute the offence.
The bench comprising of Justice R.raghunandan Rao stated that, one common thread ( to constitute abetment to suicide) is the requirement of intentionally pushing the deceased for committing the suicide. Therefore, the mere harassment would not attract offence as stated under Section 306 of Indian Penal Code, 1860.
FACTS OF THE CASE
In the case, the deceased purportedly took her own life in August 16, by writing a suicide note which included the list of creditors who she claimed had been harassing her for repayment of their money. Thus, it has also been stated in the note that the reason for her suicide was the unbearable harassment which is been inflicted by these creditors. Moreover, in the same suicide note, the petitioners, who are husband and wife, were specifically named.
Therefore, the chargesheet was filed under Section 306 reading with Section 34 of Indian Penal
Code, 1860 and the same has been taken cognizance by the Court in Guntur District.
It has also been found by the court that the petitioners were being accused in the case because the person who died had named them in the suicide note of her as the ones who were harassing her in order to repay of their money.
The Criminal Petition has also been filed by the petitioner under Section 482 Code of Criminal Procedure, 1973 before the High Court to quash the case.
Before the court, the counsel appearing for the petitioner contended that the petitioners had not in any manner committed an offence as stated under Section 306 of Indian Penal Code, 1860.
The court while considering the facts and circumstances of the case observed and has held that the allegations in the charge-sheet do not make out any case of abetment by the petitioners as stated under section 306 of Indian Penal Code, 1860. Accordingly, the court allowed the criminal petition.