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SUPREME COURT OF INDIA
Sanjivkhanna, CJI, Sanjaykumar, K.V.Viswanathan, J.
Ayyub & Ors. – Appellants
Versus
State Of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No. 461 of 2025 (@ Special Leave Petition (Crl.) No. 7371 of 2024)
Decided On : 07-02-2025
Indian Penal Code, 1860 – Section 306 read with Section 107 [Bharatiya Nyaya Sanhita, 2023 – Section 108 read with Section 45] – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Abetment of suicide – Quashing petition – In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on part of accused with intention to bring about suicide of person concerned as a result of that abetment is required – Intention of accused to aid or instigate or to abet deceased to commit suicide is a must for attracting Section 306 IPC – Police authorities, merely by recording statements of complainant, have simply parroted contents of FIR, proceeded to file charge-sheet against appellants – Only an independent, thorough and comprehensive investigation will bring to light true story – Charge-sheet, as it stands, appears to have proceeded in an unidimensional manner by accepting version of complainant and his family members as gospel truth – Based on charge-sheet filed by police and cryptic order of cognizance, proceedings cannot be allowed to be carried on against appellants – Even taking allegation on a demurrer, on facts of the case, offence under Section 306 IPC cannot be said to be made out against appellants – None of ingredients required in law to make out a case under Section 306 IPC to be even remotely mentioned in charge-sheet or are being borne out from material on record – Proceeding with trial against appellants in charge-sheet as filed will be gross abuse of process – Case has several disturbing features which call for reinvestigation – Director General of Police, Law and Order, State of Uttar Pradesh is directed to constitute a Special Investigation Team headed by an officer of level of Deputy Inspector General of Police to investigate unnatural death of deceased – Reinvestigation report shall be placed before this Court in a sealed cover within a period of two months. (Paras 15, 16, 17, 19, 21 and 22)
Facts of the case:
Present criminal appeal calls in question the correctness of Order dated 27.07.2023 passed by High Court of Judicature at Allahabad in Application under Section 482 Cr.P.C. By the said Order, High Court declined to quash proceedings instituted against appellants under Section 306 of Indian Penal Code, 1860.
Findings of Court:
Proceedings in Case No. 2843 of 2023 pending before the Court of Judicial Magistrate, Saharanpur (arising out of Crime No. 367 of 2022 Police Station Rampur Maniharan, District Saharanpur) are quashed. Let the matter be listed on 15.04.2025 for further directions and for consideration of the report of Special Investigation Team.
Result : Appeal allowed.
The legal document provided does not explicitly mention or discuss the concept of a psychological autopsy. However, it highlights the importance of a thorough and comprehensive investigation into the circumstances surrounding the death, especially in cases of suicide. The court emphasizes that the investigation should explore all angles, including underlying factors that may have contributed to the deceased’s mental state and decision to take their own life.
A psychological autopsy is a specialized investigative tool used to determine the mental state of the deceased prior to death, often involving psychological assessments, interviews with acquaintances, and review of medical and personal history. It can provide valuable insights into whether the death was truly a suicide, accidental, or due to other causes, and can help establish or refute elements like intent, mental health issues, or external influences.
In the context of the case, the court’s directive for a reinvestigation underscores the necessity for an independent, thorough inquiry that may include, if deemed appropriate, a psychological autopsy to uncover the deceased’s mental condition and the possible psychological factors leading to her death. Such an approach aligns with the court’s concern for uncovering the complete and true story behind the incident, beyond the superficial or initial findings, ensuring that all relevant factors, including psychological ones, are adequately explored during the reinvestigation.
JUDGMENT :
K.V. Viswanathan, J.
1. The present criminal appeal calls in question the correctness of the order dated 27.07.2023 passed by the High Court of Judicature at Allahabad in Application under Section 482 Cr.P.C. No. 25969 of 2023. By the said order, the High Court declined to quash the proceedings instituted against the appellants under Section 306 of the Indian Penal Code, 1860 (for short ‘IPC’).
2. The facts of the case are rather unfortunate. It has its origin in a suspected relationship between the son of the first appellant, one Ziaul Rahman (since deceased) and Tanu (since deceased), the cousin sister of respondent no. 2.
3. On 02.11.2022 at 19:15 hrs, the first appellant Ayyub lodged a first information report alleging that Bhuru @ Janeshwar (relative of deceased Tanu), Maneshwar Saini (father of deceased Tanu), Priyanshu, and Shivam (brother of Tanu) beat his son Ziaul Rahman with sticks and fists. According to the complaint, this was on suspicion about the relationship between Ziaul Rahman and Tanu. According to the FIR, the incident was witnessed by Saleem Ahmed and Abdul Rehman. It was also averred that while being taken for treatment, after being referred to a higher centre by Medigram Hospital, Saharanpur, Ziaul Rahman died. It was mentioned that the body was kept in the mortuary and the first appellant had come to the police station and lodged First Information Report No. 366 at PS Rampur Maniharan, District Saharanpur. According to the prosecution, Ziaul Rahman suffered 14 injuries on his body and the cause of death was shock and haemorrhage due to ante mortem injuries. Pursuant to the investigation, a charge-sheet has been filed and charges have been framed for commission of offence under Section 304 IPC. We are informed that proceedings at the behest of the family of Ziaul Rahman for enhancement of the charge to Section 302 IPC are pending.
4. On 03.11.2022 at around 17:07 hrs, the respondent no. 2-Vijay lodged a First Information Report No. 367 at PS Rampur Maniharan, District Saharanpur. In the FIR, the appellants herein were arrayed as accused on the accusation that they abetted the suicide of the deceased Tanu and committed offence under Section 306 IPC.
5. The gravamen of the allegation was that on 02.11.2022, at around 08:00 am, at the residence of the complainant’s uncle Janeshwar, the appellants came there and told the complainant’s cousin Tanu, “because of you our boy has died, why you do not die”. According to the FIR, so saying, they humiliated Tanu and tortured her and said that they will file a case against her and also get her arrested and humiliate her in society so that she will not be able to face anyone in the society.
6. According to the complainant, scared of the insult and humiliation, his cousin sister Tanu, between 10:30 am to 11:00 am committed suicide being hurt by the statements. The complainant mentioned that the incident concerning the verbal utterances at 08:00 am was witnessed apart from R-2, by Sushil S/o Jal Singh and Anil S/o Rahtu.
7. It was further stated that the deceased was cremated and that complainant-R-2 came to lodge the report. The statement of respondent no. 2-Vijay Saini was recorded on 07.11.2022. The statements of Sushil Singh S/o Jal Singh and Mrs. Sunesh W/o Janeshwar were recorded on 08.11.2022 and 22.11.2022 respectively. The statements parroted the FIR virtually verbatim. The only addition being that while the FIR refers to Sushil and Anil as being present along with R-2 Vijay, whereas in the statements Mrs. Sunesh also claims to have been present.
8. It further transpires from the application for quash that based on the information given by the ward boy of the hospital on 02.11.2022, the same was registered at Police Station G.D. 37 at 01:14 pm and then panchayatnama of deceased Tanu was conducted at the hospital in the presence of her family members.
9. Thereafter, it is clear from the counter affidavit of R-2 filed in this Court that at 05:00 pm on 02.11.202
Abetment of suicide – In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on part of accused with intention to bring about suicide of person co....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
The main legal point established in the judgment is that the scope and ambit of Section 107 IPC and its correlation with Section 306 IPC were discussed, emphasizing the need for direct or indirect ac....
Charges of abetment of suicide under Section 306 IPC require clear evidence of instigation, which is absent in this case, leading to quashing of proceedings.
The offence of abetment of suicide under Section 306 IPC requires a direct involvement of the accused in the commission of suicide and that the acts or omissions of the accused must be proximate, con....
For a charge of abetment to suicide under Section 306 IPC, clear evidence of instigation and mens rea must be established; mere allegations are insufficient.
The prosecution must prove its case beyond all reasonable doubt in criminal cases, and the lack of cogent and convincing evidence can lead to the acquittal of the accused.
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
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