The High Court of Karnataka has cleared a man from the charge of allegedly driving the then assistant parish priest of a church near Udupi to death by saying “go hang yourself” during a telephonic conversation phone after learning that the priest had “an affair” with his wife.
“Human mind is an enigma and the task of unravelling the mystery of human mind can never be accomplished,” the court observed, while pointing out that “the reason for the priest to end life may be myriad, one of which could be the factum of him having illicit relationship with the wife of the petitioner, despite being the priest of a church.”
The police had filed charge sheet against the 54-year-old petitioner from Pilar village in Kaup taluk of Udupi district under Section 306 (abetment of suicide) of the Indian Penal Code in connection with the death of Fr. Mahesh D’Souza, 36, who was the assistant parish priest of Our Lady of Health Church, Shirva, and the principal of Don Bosco CBSE School, who ended his life in the school principal’s chamber on October 11, 2019.
Agony of husband
Pointing out that the charge sheet was filed on the sole basis of the statement allegedly made by the petitioner to the priest during his telephonic conversation, voice record of which was retrieved during the probe, the High Court said that petitioner’s words “could be hurling of abuses or the agony of a husband being blunted out for the reason that the priest had an affair with his wife and that had just then come to light.”
Applying the principles laid down by the apex court on requirement of “positive act of accused to instigate commission of suicide”, the High Court said: “What would unmistakably emerge is that the petitioner, the sole accused and husband of the lady with whom the deceased priest had certain relationship, had blunt out his anger and had uttered words “go and hang yourself” cannot mean that it would become the ingredients of Section 107 (abetment of a thing) of the IPC for it to become an offence under Section 306 of the IPC.”
It was alleged in the charge sheet that the priest had ended his life fearing for his image and prestige as the petitioner had threatened to tarnish his image for having illicit relationship with his wife, who was associated with the church and the school activities.
Protests over death
The death of the priest had witnessed several protests demanding impartial and speedy probe into the unnatural, which some had suspected to be a murder. Initially complaints were registered against some of his colleagues before the police filed the charge sheet against the petitioner, who was then member of a nearby gram panchayat.
(Those in distress or those having suicidal tendencies can call Arogya Sahayavani Ph.: 104 for help.)
