IMPORTANT POINT
Abetment of suicide – Whether acts committed by accused will constitute direct or indirect act of incitement to commission of suicide is a matter which is required to be considered in facts and circumstances of each case.

JUDGMENT :

R.Subhash Reddy, J.

1. This appeal is preferred by the State of West Bengal through Principal Secretary, Home Department, aggrieved by the judgment and order dated 30.07.2019 passed by the High Court at Calcutta in C.R.R.No.3473 of 2008.

2. By the impugned order, the respondents-accused were discharged of the charge framed against them under Section 306 read with Section 34 of Indian Penal Code. The victim, daughter of the de facto complainant was a painter and artist. To improve her proficiency in English, first respondent was appointed as her English teacher. Respondent Nos. 2 and 3 are his parents. There developed intimacy between the victim and first respondent – Indrajit in course of coaching. It is the allegation of the complainant that as the deceased victim and first respondent had decided to marry, to finalise the proposal of marriage the victim had gone to the house of first respondent on 05.03.2004. It is alleged that when the victim went to the house of first respondent, respondent Nos. 2 and 3 who are the parents of the first respondent came out to raise shouts and addressed the victim as a call-girl. The words uttered by respondent Nos. 2 and 3, as per the de facto complainant are “you are a call-girl, why my son would marry you, we would give our son in marriage elsewhere”. It is alleged in the complaint that at that time, first respondent did not protest against the version of his parents and his daughter returned home and became mentally perturbed. On 06.03.2004 at about 1.00 p.m. the victim had committed suicide.

3. On the complaint of the de facto complainant, a case was registered in Jorabagan Police Station against respondents under Section 306 IPC and thereafter charge-sheet was filed.

4. There were two suicide notes. In one suicide note, the deceased has stated that parents of first respondent abused her in silly words by calling her a call-girl. In another note, which was addressed to the first respondent, has stated that the father of first respondent stigmatized her as a call-girl and first respondent has not responded to such utterances. Further it is stated that first respondent is a coward. After conducting investigation, charge-sheet was filed under Section 306/34 IPC against all the three accused. Case was committed to the 7th Fast Track Court, Sessions Court, Calcutta, numbered as Sessions Case No.11 of 2006.

5. Accused-respondents earlier filed application for discharge, the same was rejected by the Trial Court by order dated 19.04.2007. Thereafter, respondents have filed an application under Section 482 Cr.P.C. before the High Court in C.R.R.No.1817 of 2007 which was disposed of with the direction to respondents-accused to raise all the points before the learned Trial Court. At the stage of framing of charges respondents have raised objections claiming that no case is made out against them to frame charge for the alleged offence under Section 306/34 IPC. The learned Additional District and Sessions Judge by order dated 04.09.2008 overruled the objections of the respondents observing that as there is a probability of accused being convicted, charge can be framed. It is observed in the order that there is a reasonable likelihood for accused persons to be convicted under Section 306 IPC. Against the said order, respondents have approached the High Court again under Section 401/482 Cr.P.C. in C.R.R.No.3473 of 2008.

6. By the impugned order, the High Court by recording a finding that terming the deceased as a call-girl, there was no utterance which can be interpreted to be an act of instigating, goading or solicitation or insinuation, the deceased to commit suicide. By referring to the case law decided by this Court wherein similar utterances like, “to go and die” does not constitute an offence for abetment, allowed the application filed by the respondents. It is observed in the order that the act or conduct of the accused, however insulting and abusive, will not by themselves suffice to consti