South Mumbai store co-owner's suicide: Kin to face trial; court rejects discharge plea

MUMBAI: Observing that they are prima facie responsible for making his life hell due to which he was traumatised and dejected and forced to take the extreme step of suicide, a sessions court this week rejected the discharge pleas of the older brother and sister-in-law of 37-year-old co-owner of Asiatic Stores, Ojas Shah, eight years after he consumed poison in his car at Worli, allegedly over a family feud over property.
"The right to reside in property of his own is closely related to right to life and and if that right to reside peacefully is being tried to taken away by force or by any other means, the inhabitant who respect law and is peace-loving would give up... become in despair. Thus, accused... are prima facie responsible for making life of deceased hell due to which he was traumatised and dejected and for this reason he took extreme step of suicide," the court said.
Relying on a suicide note and other evidence, the court said that it appeared that the accused abetted the commission of his suicide and played an active role by performing irritating acts, raising disputes and fights which facilitated the commission of suicide. "Deceased was traumatised to such an extent that he was left with no option not to commit suicide. Thus, from suicide note and statement of deceased wife, it appears that accused by their acts of inflicting trauma and harassment to deceased, intended to compel him to vacate the flat which such act led deceased to commit suicide, seeing no option but to end life," the court said.
The court said that from the wording of the suicide note, it appeared that Ojas was attached to his mother and he never thought of residing separately from her.
The accused, Churchgate businessman Ashwin Shah (52) and his home maker wife Dipika Shah (50), will face trial under the abetment of suicide charge which attracts a maximum sentence of 10 years in jail. The court, however, discharged their sons, both in their 20s, observing that they had not taken an active part along with their parents in their continuous misbehaviour, ill-treatment and harassment of Ojas.
The accused moved discharge pleas submitting that mere harassment or cruelty is not abetment. The defence advocate for the accused submitted that on plain reading of the suicide note it appeared that there is no intention on the part of accused as they never intended that Ojas should die by suicide. It was argued that prime facie the intention was that he should vacate the house. The defence also submitted that the house was peaceful in the month preceding the death on November 11, 2014.
The court, however, referred to the suicide note and statement given by Ojas's wife to the police. The court noted that Ojas, his wife and daughter and the accused and their sons lived in the house owned by their father who had died.