Assisted suicide case, Supreme Court quashes proceedings against three accused pending in Lucknow court – Amar Ojla Hindi News Achi-News

The Supreme Court
– Photo: ANI

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The Supreme Court said that the courts’ inability to understand and apply the correct legal principles in assisted suicide cases leads to unnecessary prosecutions. The Supreme Court quashed the proceedings pending in a court in Lucknow against three accused in the case of alleged aiding and abetting suicide.

“The accused must not be bothered unnecessarily”

The team of judges J.B. Pardiwala and Manoj Mishra said that although he is not aware of the feelings and sensitivities of the deceased’s family members who filed a legal case with the police, ultimately the police and the courts should look into the matter. material. They must ensure that people on trial are not unnecessarily harassed. The judge, in his judgment of October 3, said that the essential elements for the formation of the offense under Section 306 (aiding suicide) of the Indian Penal Code will only be met when the deceased committed suicide due to the direct and dangerous encouragement or incitement of an accused. He had no choice but to commit suicide.

“The courts only look at the fact of suicide, that’s the problem”

Mahdin said, the problem is that the courts only look at the fact of suicide and nothing else. We believe that such an understanding by the courts is wrong. It all depends on the nature of the crime and the charge. In such cases, the court must examine whether, based on the recorded materials, there is even a prima facie indication that the accused intended to cause an act, i.e. suicide or not. The court said that the trend these days is that courts are able to understand the intent behind the crime only after a full hearing.

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The Supreme Court passed the order based on the petition of three defendants. In the petition, the March 2017 order of the Lucknow Bench of the Allahabad High Court was challenged. The High Court rejected the demand to cancel the criminal proceedings against him. The High Court stated that the deceased was an employee of a private office and had worked for the company for the past 23 years. According to the recorded material, the man committed suicide in a hotel room in Lucknow in November 2006. The brother of the deceased filed a police complaint. It is claimed that the appellant was a senior officer in his brother’s company and they were present together with his brother that day. The FIR alleges that the company wanted some employees to opt for a voluntary retirement plan (VRS) and harassed those who opposed the move. It is claimed that the deceased was defamed on behalf of the appellants.