Darshan Solanki case: Suicide note inadequate to hold Arman Khatri liable for abetment: Court

IIT-Bombay student Arman Khatri has been granted bail after a special court ruled that a four-word suicide note recovered by police was insufficient evidence to conclude he abetted the suicide of his classmate, Darshan Solanki. Khatri was arrested in April after allegedly threatening to kill Solanki with a paper cutter after the latter made an adverse comment about Khatri's religion. Solanki died by suicide four days later. The court ruled that allegations in the suicide note blaming Khatri were insufficient to prove he had committed the offence of abetment.

MUMBAI: In its detailed order granting bail to IIT-Bombay student Arman Khatri, the special court for cases under the SCs/STs (Prevention of Atrocities) Act has said that the four-word suicide note recovered by special investigation team (SIT) of the Mumbai police was not enough to conclude that Khatri abetted suicide of his batchmate Darshan Solanki, 18.

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“Except the one incident of showing the paper cutter to the deceased, there is nothing on record to show that the applicant/accused instigated the deceased Darshan to commit suicide,” said special judge Anand Kanade in the detailed order, which was made available on Wednesday.

“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 offence of abetment,” the court said.

Khatri was arrested on April 9, after the probe revealed that Solanki had made an adverse comment on his religion and angry Khatri had allegedly threatened to kill him by pointing a paper cutter. The chemical engineering student thereafter died by suicide on February 12.

On February 16, when a Powai police team went to Solanki’s residence in Ahmedabad, his parents and other family members claimed that Solanki was a victim of caste-based discrimination prevailing at IIT-Bombay.

In view of the allegations, on February 24, the state government set up a three-member SIT headed by Lakhmi Gautam, joint commissioner of police, crime branch. The SIT on March 3 found a purported suicide note in Solanki’s room. It said, “Arman has killed me.” Solanki, according to the police, had written the words on the backside of one of his question papers.

The court said, “There was nothing on record to show that Khatri was harassing the deceased on the ground of caste discrimination.”

The court order said that to attract section 306 of the Indian Penal Code there should be an act or illegal omission showing that a person has instigated, provoked, incited or encouraged someone to die by suicide.

“Mental element plays significant role in criminal law. How a person will react to a situation is unpredictable. Sensitivity differs from person to person, so does the reaction. Every suicide has a cause, but all the causes cannot be labelled as abetment,” the court said.

The court added, “The harassment or torture should be of such a degree that it really left no option and drove the person to commit suicide. An individual may have suicidal traits or may be very emotional or may be very egoist or be jealous or vindictive.

“Such emotions may overpower the individual leading him to take the drastic step to kill himself or herself. Unless the mens rea (ill intention) is brought on record, prima facie it cannot be said that it is an abetment.”

The court also took note of the probe done by the SIT, which has recorded statements of two batchmates, including the roommate of the deceased, and two eyewitnesses to the incident wherein Khatri allegedly threatened Solanki with the paper cutter.