​LR-41 Know why Courts do not trust evidence of “Suicide Note” and why credibility of Suicide Note is very low.

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Some years ago, I had argued a SLP before a Bench presided by  Hon’ble Justice Y.K.Sabhrawal (as he was then in Court No.2)

A man in Gujarat had committed suicide and had left a note that several superior officers were harassing him and were obstructing his promotion. Police had registered FIR against all these officers but High Court had quashed this FIR. 

I had now brief to argue in Supreme Court and to show that the High Court Order was wrong. I cited some foreign Court judgements where on basis of a confession contained in a suicide note, another convict was acquitted as innocent. I argued that suicide note is a piece of evidence.

The Supreme Court however rejected my submissions. …

And it took me …several… years to understand why my arguments were rejected by Supreme Court!!!

Today I understand the following reasons on basis of a study of psychology of people who commit suicide. 

Reasons :

1) The person committing suicide has often a desire to take revenge on someone. He does this by naming him or her in suicide note. 

2) Such person has recently suffered some loss which he is unable to come to terms with. A phase of depression and sleepless nights precedes before suicide.

3) For lack of sleep and for lack of food, his cognitive faculty suffers. He starts thinking in exaggeration. Small and normal things are seen as very very big thing to his mind. This leads him to suicide.

4) While writing his Suicide Note, he feels that his image is glorifying. He begins to feel that he will be looked upon as hero when contents of his suicide note will be revealed to public. He is writing Suicide Note In an elated emotional state of mind.

5) He is conscious while writing Suicide Note that he need not give any evidence or proof of what he is saying, and no one will cross examine him, no one will know if he tweaks truth here and there in order to justify his act or to glorify his act of suicide.

6) Thus contents of Suicide Note are not “Facts within knowledge of person making document” as per Evidence Act. Here, knowledge means knowing with any of five senses.

It does not include what a person “imagines” or “Deduces” or thinks”.

I think these are the main reasons why Courts are not relying on suicide notes.

Haresh Raichura 23/2/2017

​S-89 If given a choice, I would prefer to practise in District Court than in Supreme Court.

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If given a choice, I would prefer to practise in District Court than in Supreme Court.
Trial Court work is like work of a general physician. He gives immediate relief to patient for all type of sicknesses. There is a life long relationship between Physician and Patient. In fact, physician soon becomes a Family Physician.
Work in Supreme Court is like work in a cancer hospital. Difficult and sometimes impossible to cure patients keep coming. Before coming, the patient has been treated at several places. He has obtained opinions of several Lawyers. Supreme Court is his last resort. Mostly, a patient comes to Supreme Court only one time in his life time. Relationship with lawyer is one time. 
In 1982, when I was practising in District Court, I remember a case. A woman came crying. Her husband had snatched away her one year old boy and had went away to his village with boy. I immediately applied for search warrant before Chief Magistrate. Within 24 hours, the boy was given back to her mother. I felt great satisfaction.
Whereas High Court and Supreme Court are mainly Courts which hear Appeals. The cases here are very old. A man had taken Rs.300/- bribe about 30 years ago. His appeal was argued by me last week in Supreme Court. His punishment was reduced to undergone. I felt relieved. The Client felt relieved. But this relief cannot be compared to satisfaction I experienced in trial court in case of that helpless woman.
Usually, the strong and rich persons do injustice to the weak and poor. 
So mostly the weak and poor, first knock at doors of justice in trial court. To be a lawyer for them, at that time of their need, is a great thing.
Haresh Raichura 22/2/2017