Originally posted by: zaraiqs
Tapasya made vansh feel guilty so that he doesn't shoot her...the way he confronted her was so unexpected for her that she tried one last chance to save herself....if u talk of abetment of suicide i agree with SRKluvr that there should be mens rea...or a guilty mind involved...which means the act done (i.e. abetment of suicide) should be with an intentional purpose to induce the other to commit suicide.... so a person must both intend to commit a crime, and actually take steps toward committing the crime in order to be guilty in the eyes of the law.....here tappu never had the intention or preconcieved knowledge that vansh would suicide...she only expected him to feel terrible and not face veer or ichcha with her past deeds...and make his crimes look worse than hers (P.S. .....Sec. 307 would be applicable in the earlier case where she tried killing ichcha through sid... 😲 )
But one thing that can be argued here is the second time she makes him point the gun towards her, she is fully satisfied that she has pakkafied him and made him feel guilty...and is so aware that he is in a temporary state of unsound mind ....when she should have stopped him from committing the act (which may or may not have happened in a few seconds), she didnt and therefore she might be guilty of third degree murder or homicide ....ie when u don't intend to murder the person, but you should have known your actions were dangerous, and those actions could cause the death of another...(P.S. I am not a law student but this is what i understand about homicide...if I'm wrong plz correct me)
😉 😳
Look every country's legal system is different but I can say this much that even in India both principals of mens rea and actus reus would need to be fulfilled b4 the case reached court! Now I have studied Australian Law for more than three years now...and Zaraiqs ur first paragraph is absolutely right!
About ur second paragraph...its true she shudve stopped when he put the gun down but even then she couldnt be sure that he wouldnt kill her...she really shudve stopped but still she did not have any idea that he would kill himself! She would not be found guilty of third degree murder OR homicide simply because she did not pull the trigger nor did she know he was about to do it and nor did she say anything that FORCED him to do it! She had absolutely no idea that he was suicidal! If this case reached court by some miracle (not eligable anyway) and there was any half witted lawyer then she would be acquited almost immediately! If I was her lawyer (which I would LOVE to be at least in this suicide case) then I would simply state no mens rea and no actus reus! If for some weird reason this did not work then I would simply have to say look! Nor did she have the intention to induce suicide...nor did she abett suicide directly...nor did she know her words would induce suicide! There goes the case simply because there was no mens rea! Which is vital! There is no case without it! Then I would state the proper absence of an act against law...because she was not the one to pull the trigger...he was and nor did she know! Evidence? Simple! Veer or any Bundela family member has to say that those two times before that his brother had attempted suicide she was not present to witness and nor did she know about it! Now if the judge wanted even more I could give him the basic circumstance of self defense! Since Vansh had pointed a gun at her head and threatened to blow her brains out...she had enough reason to try to talk him out of it! Evidence? Sid's video is more than enough to prove this! Nor can she be pinged for murder know why? Simple evidence is the bloodstains on her clothes! If She had shot vansh in the angle that the bullet was shot into his head, the bloodstains would not have flown in that direction! She would have to be standing sideways to shoot! The stains wouldve formed entirely diffeerent marks and the forensics would be enough to prove this! Nor are her fingerprints on the gun! And nor could they have been wiped off due to the blood everywhere spread on her!
So there goes ur case!😊
Veer and ich lovers PLEASE try to be rational here! I am only saying what would happen in the court of law! As a lawyer I am stating this!
Edited by SRKLuvr - 15 years ago