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May 30, 2011

Ramesh Kumar Vs State of Chhattisgarh (2001) 9 SCC 618

IPC- sec 306 - abetment to suicide - husband said "you are free to do whatever you wish and go wherever you like" - Hon’ble Supreme Court of India observed as under "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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