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High Court of Punjab and HaryanaCRM-M/32890/2025dismissed

Suman Dhondiyal v. State Of Punjab

2025-06-20Mr. Justice Sandeep Moudgil6 pages

   

      

    

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# "Statement of Ajay Kumar son of Parkash Chand son of Mahidhar Parsad resident of Inna Meena Deeka Street, Near Chowk No.06, VPO Koti, Tehsil Bhaniwala, District Dehradun (Uttarakhand) aged 41 years, mb. No.9997738017. Stated that I am resident of aforesaid address and do private job. My brother Ashish Kumar Bhatt aged about 39 years, who resides at Ward No.22, Vedant Nagar, Moga and he was Priest at Thakurdwara (Narayan Dass Tail) Temple at Badhni Kalan, whose marriage was solemnized about 7 years ago with Pinki d/o Rajinder Prasad resident of Street No.396, Sarpanch Colony, Kuleawala (Ludhiana). My brother has one daughter namely Akasha Bhat @ Sanu aged about 5 years. On 19.04.2025 at about 07.56 pm my brother called from his mobile phone NO.99158<01568 on my mobile phone NO.

99977<38017 and said that, "I have consumed poisonous substance, you takecare of my daughter" 'and on saying this he disconnected the call when I again called, then he picked up the call but he was not saying anything. Then I called on mobile No.96467<87921 of my brother's wife Pinki at about 08.00pm and told her that your husband as consumed some poisonous substance, then she disconnected the call on hearing it. Then I again called on my brother's wife Pinki's number at 08.13pm but she did not pickup the call. Then at about 08.32pm my brother sent a suicide note to me through whatsapp.

Then my brother's wife Pinki on arranging a vehicle got admitted my brother at Deep Hospital, Nihal Singh Wala for treatment from where doctor referred him and my brother's wife Pinki got him admitted at SPS Hospital, Ludhiana, where my brother Asish Kumar Bhatt died on 20.04.2025 at about 10.30pm. The suicide note which my brother Asish Kumar Bhatt sent me through whatsapp, he has written the name of his mother in law Sushila Devi wife of Rajinder Prasad, my sister in law Pinki's sister in law (Bhabhi) Suman wife of Atul residents of House NO. 396, Sarpanch Colony, Kuliawala (Ludhiana), my sister in law Pinki's sister Anjali wife of Ajay Nagoi and my sister in law Pinki's brother in law Ajay Nagoi residents of Ludhiana.

Kindly appropriate legal action may be taken against my brother's mother<in<law Sushila Devi, my sister in law Pinki's sister in law (Bhabhi) Suman, my sister in law Pinki's sister Anjali and my sister in law Pinki's brother in law Ajay Nagoi. Statement has been recorded, heard and is correct.

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   -# 7Section 108< Abetment to suicide.< If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

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-# "Abetment of a thing< A person abets the doing of the thing, who< First< Instigate any person to do that thing;or Secondly< Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly< Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1<. A person who, by wilful misrepresentation or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing." *8 / +

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6  # "20. Instigation is to goad, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.  +

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Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No