January 5, 2010 6:22 PM

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Conviction in abetment to suicide case based on facts: SC ‘

The Supreme Court on Tuesday said it is impossible to lay down any straitjacket formula to convict an accused in cases like abetment to suicide. A bench of Justices Dalveer Bhandari and A K Patnaik said an accused can be convicted if he or she was guilty of abetting the suicide or has committed an act that must have pushed the deceased to take the extreme step. <br/><br/>It said, each case has to be decided on the basis of its own facts and circumstances. The apex court said in a judgement that Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. It added that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The apex court passed the verdict while acquitting Gangula Mohan Reddy of the charge of abetting the suicide of his employee Ramulu who ended his life after being accused of stealing gold ornaments in the house and told to refund 7,000 rupees loaned to him. <br/><br/>A sessions court had sentenced Reddy to 10 years in jail but Andhra Pradesh High Court, while confirming the conviction, reduced the sentence to five years, follwing which Reddy appealed in the apex court. In the present case, the apex court said Reddy cannot be held guilty of abetting the suicide as the deceased Ramulu appeared to be hypersensitive.

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