Case Of Neha XYZ Accused Of Abetment Of Suicide Under Section 306 IPC

GIST OF THE CASE

Neha xyz had married Aman xyz on 11/12/2020 under pressure of Arman’s parents. After marriage, the couple often had arguments, as noted and officially stated by their landlady Reema Abc. Arman was unemployed and was going through mental turmoil due to financial crisis. He wanted to start a business; however, his father did not support him, and Neha, who was working before marriage, invested money in him. Negativity amongst the couple started escalating further when Neha went to Delhi to visit her brother on 31/03/2021 Aman was suspicious that she was having an illicit affair with someone and fights would often erupt between the couple.

Aman, after one such quarrel on 08/04/2021, committed suicide by hanging himself. Later, the post-mortem dated 09/04/21 stated death was due to hanging. FIR was lodged by Aman’s father on 12/04/2021, accusing Neha of Abetment of the suicide of his son. 

THE TRIALS AND TRIBULATIONS OF THE CASE

Various accusations were made, like Neha often went to parties without informing Aman and neglected her husband and demanded money from him, etc. Neha was even accused of having other illicit relations with someone else and they further elaborated that she went to meet someone else in Delhi. The FIR mentioned that she had taken a video of Aman committing suicide. However, it was later established that Aman often threatened and emotionally blackmailed her, saying he would commit suicide. Due to this reason the media widely covered the case. Neha was taken into Judicial custody, and her plea for bail was rejected on 13/04/21, keeping her in custody till 27/04/21.

Advocate Rajesh Kshetry and Associates left no stone unturned to provide relief for Neha. He pleaded with the court that it was extremely dangerous for Neha to stay in the Correctional Facility during the severe bout of Covid 19. He provided the court with statements from their landlady, who stated that she had heard the couple quarrelling on the day Aman committed suicide, and she even tried to intervene but was told by Aman that it was a minor argument. Furthermore, our esteemed advocate provided proof from Kajal xyz, who was actually the daughter of a friend of Neha’s mother, who stated officially that, in fact, Neha had visited her in Delhi and had stayed with her, which would be deemed ambiguous statements made about Neha regarding her character untrue. Finally after a long struggle and determined effort from Mr. Kshetry, it was later established in court that Neha was wrongfully accused on and very vague accusations were made against her in the FIR. Mr. Kshetry also pointed out that the FIR was delayed and the statements made therein were inadequate and inefficient in charging someone under Section 306 of the IPC. There was no further reason to detain her as she was a permanent resident of Howrah and on being released there would be no hindrance to the investigation of the case and she would not evade the process of Law.

Finally, after being detained for almost two months, the unparalleled efforts of Mr Kshetry paid off, and on 21/05/2021, bail was granted to Neha, and the case was disposed of because it was established that the ultimate reason for Aman’s suicide was the economic fall and financial frustration. The accusations made against Neha about her demand for money were out of the question since she was already aware of Aman’s poor financial status. The initial judgment was found erroneous in nature. There were several mistakes in the investigation, and no grounds for recording any video of the act of suicide could be established.

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