LAW FOR ALL

Sec. 300 (5) - sec.304 Part 1- vs - sec.302 and sec.309 I.P.C. - in attempt to commit suicide - lover killed the love and stabbed himself in order to kill himself - interrupted by witnesses - Not amounting to murder but comes under sec.304 Part 1- Trial court and High court convicted under sec.302 and Sec.309 of I.P.C. - not believed the version of defence - Apex court held that In the present case, in our view, there are formidable circumstances discernible from the evidence which probablise the defence version which are as under: (a) Deceased Nathi and the accused were in love and they were intending to get married. Since they belonged to the same gotra, their relationship was not accepted by the villagers and they objected to the same; (b) About three months prior to the incident, Nathi and accused left the village and lived together for about 10-15 days and thereafter Nathi returned to her matrimonial house; (c) On 19.3.2003, the parents of the deceased went for work and PW-3 was also engaged in some events pertaining to Holi festival and Nathi was alone in the house; (d) When the accused came to the house of the deceased, he was not armed; he had taken the sword from inside the room of the house; (e) PW-3, nowhere stated that at the time of the incident his sister quarrelled with the accused. When the accused inflicted sword blows, deceased Nathi had not raised any alarm nor shouted for help; (f) the accused was also having the stab injuries on his person. In the present case, the accused has taken the defence plea of suicide pact even in the trial court while being questioned under Section 313 Cr.P.C. The defence version is probabilized by the above facts and circumstances of the case. The death of deceased was not premeditated and the act of the accused causing death of Nathi, in our view, appears to be in furtherance of the understanding between them to commit suicide and the consent of the deceased and the act of the accused falls under Exception 5 of Section 300 IPC. and further held that as the accused was already in Jail for 10 years - set off the same and released him = CRIMINAL APPEAL NO. 1902 OF 2014 (Arising out of SLP (Crl.) No. 1800 of 2014) NARENDRA ....Appellant Versus STATE OF RAJASTHAN ... Respondent = 2014 - Sep. Part - http://judis.nic.in/supremecourt/filename=41860