Bombay HC: Harassment for loan repayment amounts to abetment of suicide
Justice AM Badar was recently hearing a petition filed by Gurunath Gawli and Sangita Gawli, both licensed money lenders, seeking discharge from a case of abetment of suicide...mumbai Updated: Apr 02, 2017 23:29 IST
Rejecting discharge pleas of two money lenders, the Bombay high court said that continuous verbal and physical abuse as well as repeated demand for return of money amounts to abetment of suicide.
Justice AM Badar was recently hearing a petition filed by Gurunath Gawli and Sangita Gawli, both licensed money lenders, seeking discharge from a case of abetment of suicide. The duo were accused of assaulting and intimidating Umesh Bomble, a city resident, and abetting his suicide in September 2014. His wife Sunita had filed a complaint against the duo. According to the prosecution, the victim had taken a loan of Rs 19 lakh from the accused. When he failed to repay, the duo allegedly harassed him and on various occasions verbally abused and even assaulted him.
“A prudent family man when meted with such treatment day in and day out would certainly think of committing suicide. The conduct of the accused persons in assaulting the deceased for getting back the loan amount appears to be wilful and its gravity seems to propel or compel a person of ordinary prudence to commit suicide,” the court said.
The court noted that continuously attacking a family man, both verbally and physically, in presence of his family members at his home and at his work place amounts to “instigation and provocation” to commit suicide.
“Cornered to a wall by such behaviour of the accused, the victim Umesh was bound to think that it is better to die rather than suffer such humiliations in front of his children and other family members,” said Justice Badar while dismissing the discharge plea.