ROOP MADAN Vs. STATE

JUDGEMENT

(1.) On 18th October, 1996, one Mr.Brady informed the police at about 10.50 p.m. that his daughter had died in H.No.179-C, Pocket C, Sidhartha Extension, New Delhi. The deceased Sharon Brady was the daughter of Andrew Brady and Ms.Linda Brady. Andrew Brady and Ms.Linda Brady were, however, living separately as their marriage had been dissolved by a decree of divorce. Mr.Brady was informed by his son that Sharon was hanging with fan and on receipt of this information, he reached the house at about 9.30 p.m. where he found his daughter dead. Linda Brady came back home at about 10.30 p.m. and she claimed that she had spoken to the deceased at about 3.30 p.m. on that day and she had appeared to be normal. A suicide note was alleged to have been found which was handed over to the police by Trever, brother of the deceased. Statement of Linda Brady was recorded by the police at about 11.45 a.m. FIR was recorded on 22nd October, 1996 on the basis of the earlier statement of Linda Brady recorded on 19th October, 1996 at 11.45 a.m. The suicide note alleged to have been left by the deceased reads as under:-

(2.) On the basis of the suicide note, case under Section 306 was registered by the police and apprehending arrest on the basis of the said FIR, the petitioner filed this petition for being admitted to anticipatory bail.

(3.) The contention of learned counsel for the petitioner is that there was no question of the petitioner having abetted the commission of suicide as he had neither instigated the deceased to commit suicide nor he had made a wilful misrepresentation of any fact which might have instigated the deceased to commit suicide. It is the contention of Mr.Mathur that even assuming that the petitioner had promised to marry the deceased, he could not marry her because he was already married and the deceased was aware of his earlier marriage. He, therefore, submits that it is a case of frustration in life and not an abetment and he cannot be arrested only because the deceased in frustration has committed suicide.