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High Court overturns caste discrimination case: key ruling in suicide case | Bhopal news

High Court overturns caste discrimination case: key ruling in suicide case | Bhopal news

HC quashes relief suit filed on grounds of caste discrimination

Bhopal/Jabalpur: The High Court MP he said it was a coincidence incitement to suicide cannot be registered against a person or group of people based on perception.
The police registered a case against the accused based on witness statements that the victim died by suicide after he was not allowed to fully participate in the ‘terahvi’ and was asked to leave as his son had married a Basod caste girl. the petitioners argued that there was no suicide note and the victim did not tell anyone that she felt offended.
Considering the application for quashing of the FIR under Art. 306 in connection with abetment to suicide and initiation of judicial proceedings, the bench of Justice Sanjasa Dwivedi observed that a case of abetment to suicide was registered against the petitioners despite the lack of clarity as to why a person who had committed suicide had taken such an extreme step. The court of first instance proceeded to present charges against them.
The petitioner, Hiralal Ahirwar and four others, in their petition challenging the FIR registered against them under Sections 306 and 34 of the IPC, have stated that Kamla Prasad AhirwarThe 50-year-old committed suicide by throwing himself in front of a train on February 5, 2022.
Kamla Prasad Ahirwar had earlier gone to attend a communal terahvi feast (13th day after the death of a family member) at Hiralal’s house.
Since Kamla Prasad Ahirwar’s son had married a girl from the Basod caste, they did not allow him to fully participate in the ceremony and asked him to leave after the meal.
Kamla Prasad’s son and daughter-in-law were also not allowed to eat. Police stated that Kamla Prasad felt insulted by the way it was meted out to him and committed suicide.
The petitioner argued that the deceased did not leave any suicide note or tell anyone that he was offended. A case was registered against them without solid evidence and the trial court also charged them.
While hearing the application, the court found that the case was registered by the police based on the statements of witnesses, which were based on their perception of what might have happened. However, there was no evidence that the accused were responsible for Kamla Prasad’s suicide. Referring to SC orders on what actually constitutes abetment to suicide, the court ordered quashing of the FIR and initiation of legal proceedings in the trial court.