SIVADASAN NAIR K.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.326 of 2019 initially registered at the Pudunagaram Police Station under Sec. 174 of Cr.P.C. The police, after investigation, filed Annexure-A2 final report alleging commission of offences under Ss. 306 read with 113 of IPC. Thereupon, the matter was taken on files of the Judicial Magistrate of First Class, Chittur as C.P.No.2 of 2021. The allegations in the final report are to the following effect;

(2.) Heard Senior Advocate S.Gopakumaran Nair for the petitioner and Public Prosecutor Adv.Sanal P Raj for the State.

(3.) Learned Senior Counsel contended that the prosecution allegations, even if accepted in their entirety, are not sufficient to attract the alleged offence since, for a person to be prosecuted alleging abetment of suicide, there should be instigation from his part and close proximity between the act of instigation and commission of suicide. To support the contention, reliance is placed on the decisions of the Apex Court in Prakash and Others v. State of Maharashtra and Another [2024 SCC OnLine SC 3835] and Gurcharan Singh v. State of Punjab [2020 KHC 6567].