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that the suicide of Vasudev Pawar was provoked by a

performance of accused party,

Narayan Kamble and his troupe, that took

place at Sitladevi Nagar on 21 st August,

is the locality in which the deceased resided, and was

seen in attendance of the performance in question.

It should be noted that the suicide took place

just two days after the performance.

As the statement of an eye-witness, who is willing

to testify in this honourable court,

there was one song performed by the accused,

which coaxed and encouraged manhole workers

to commit suicide

by deeply inhaling the toxic gases

found inside the sewers.

It is no coincidence that the song in question

suggests exactly the method of suicide,

that is, deliberate negligence of safety norms and regulations

by which the deceased took his life.

According to this song, giving up your life is the

one and only rational solution for certain sections of the society

to gain dignity and respect.

Here, Narayan Kamble is openly endorsing and encouraging

an act which is an offence under Section 309.

I would also like to bring to the attention

of the honourable court,

that the accused has been previously charged

under Dramatic Performances Act,

and has been sufficiently warned

to not perform any material

that is seditious in nature,

or harmful to the general society.

In spite of these warnings,

the accused performed the dramatic piece in question

without the approval

of concerned censor authorities,

and with the deliberate intent of causing harm,

inciting seditious sentiments, and

corrupting people present at the performance.

If the accused is granted bail for this non-bailable

and non-compoundable offence,

there is a risk that he will once again

commit the same offence,

as his track record shows complete disregard and

disrespect for the court's orders.

I'm done.

According to the report filed

by the investigating officer,

the death of Vasudev Pawar

is assumed to be an act of suicide.

I would like to request the court to review

this conclusion critically in the light of evidence

that is highly inconclusive and subjective.

As per Halsbury's Laws of England, Fourth Edition,

Ninth Volume, page 686,

a finding of suicide must be on evidence of intention.

Every act of self-destruction is, in common language,

described by the word 'suicide',

provided it is an intentional act of a party knowing

the probable consequence of what he is about.

Suicide is never to be presumed.

Intention is the essential legal ingredient.

To attract the ingredients of abetment,

the intention of the accused to aid, or instigate,

or abet the deceased to commit suicide, is necessary.

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