Mere allegations in suicide note, not sufficient to conclusion that applicant has committed offence of abetment: Mumbai Court

Mere allegations in suicide note, not sufficient to conclusion that applicant has committed offence of abetment: Mumbai Court

Recently, in the said matter, while granting bail to IIT-Bombay student Arman Khatri, the Mumbai Sessions court has said, "Mere allegations in the suicide note that the applicant is responsible for his death would not be sufficient to come to the conclusion that the applicant has committed the said offence of abetment."

In this matter, the accused named Khatri had been arrested for allegedly abetting the suicide of fellow student Darshan Solanki on February 12, a day after the semester exams ended.

A special investigation team (SIT) of Mumbai police found an alleged suicide note that pointed to Khatri. After this, Khatri was arrested on April 9 by the SIT. In the suicide note, the deceased had allegedly mentioned that “Arman has killed me”.

The bench headed by Justice Anand P Kanade said, "So far as the harassment to the deceased on caste discrimination grounds, there is nothing on record to show that the accused was harassing the deceased on the grounds of caste discrimination. Except for the one incident of showing the paper cutter to the deceased Darshan by the accused, there is nothing on record to show that the accused instigated the deceased Darshan to commit suicide. In the suicide note, except referring to the name of the accused, there is no reference of any act or incident whereby the accused herein is alleged to have committed any willful act of omission or intentional aid or instigated the deceased in committing an act of suicide."

"He is a permanent resident of Mumbai, and no justified ground is made out for further detention of the accused," said the judge.

During the investigation, the Investigating Officer recorded the statement of eyewitnesses. The prosecution said that it was revealed in the investigation that the accused had threatened to kill Solanki with a paper cutter after he had spoken offensively to Khatri about his Muslim religion. Solanki is said to have later repeatedly apologised to Khatri.

The prosecution had opposed Khatri's bail on the ground that the investigation in the serious crime is still going on and so if the accused is enlarged on bail then there is possibility of pressurising the prosecution witnesses.

 

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