Mere harassment does not constitute abetment of suicide under Section 306 of Indian Penal Code.

ORDER :

The petitioners are accused Nos.2 & 3 in P.R.No.30 of 2017 on the file of the Additional Junior Civil Judge at Chilakaluripet, Guntur District. The petitioners, who are husband and wife, had advanced certain loans to the deceased who had taken loans from various other persons also. It appears that the deceased lady, who was under pressure from her creditors, had initially gone away from her house along with her daughter, on 18.12.2015, leaving a suicide note stating that she was leaving her house, with a view to commit suicide, on account of harassment of the creditors. However, she came back on 25.02.2016.”

2. On 30.08.2016, the deceased is said to have committed suicide after writing a suicide note giving a list of creditors who are said to have been harassing her for return of their money and that she was committing suicide as she was unable to bear the harassment of these creditors. The petitioners are also mentioned in the said suicide note.

3. The investigating officer after completion of investigation has filed a charge-sheet under Section 306 r/w. 34 of Indian Penal Code and the same has been taken cognizance by the Additional Junior Civil Judge at Chilakaluripet, Guntur District as P.R.C.No.30 of 2017. A perusal of the charge-sheet would show that the petitioners have been including as accused on the ground that the deceased had included the names of the accused, in her suicide note, as the persons who are harassing her for repayment of their money. The petitioners have approached this Court, by way of the present of Criminal Petition, for quashing the same.

4. Heard, Sri Marri Venkata Ramana, learned counsel for the petitioners, the learned Public Prosecutor appearing for the 1st respondent and Sri Sreenivasa Rao Velivela, learned counsel appearing for the 2nd respondent.

5. Sri Marri Venkata Ramana, learned counsel appearing for the petitioners would contend that the petitioners had not in any manner committed an offence under Section 306 of Indian Penal Code and relied upon the following Judgments of the Hon’ble Supreme Court of India as well as this Court:-

i) Umesh Kumar Vs. State of Andhra Pradesh & Anr., 2013 10 SCC 591 (paragraph Nos.20, 21, 22, 28 & 30)

ii) Barapati Srilekha Vs. Ramachandra Reddy Patolla & ors, 2017 3 ALT (Crl.) 219 (A.P).

iii) Padi Venkateswarlu & ors Vs. The State of the Andhra Pradesh & ors., 2021 (2) ALD (Crl.) 400 (A.P) : 2021 (1) ALT (Crl.) 255 (A.P) and

iv) The Judgment dated 02.05.2022 in Criminal Petition No.6981 of 2019 in the case of Adusumilli Raja Kumari and ors. Vs. Chunduri Udaya Lakshmi & ors.

6. The relevant provisions of law which are relevant for the present case are:

Section 107 IPC:-

Abetment of a thing.--A person abets the doing of a thing, who-

(Firstly)-- Instigates any person to do that thing; or

(Secondly)--Engages with one or more other person or persons in any conspiracy for doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(Thirdly)-- Intentionally aids, by any act or illegal omission, the doing of that thing.

Section 108 IPC defines the term 'Abettor', which reads thus:

108. Abettor--A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Section 306 IPC deals with the punishment for abetment of suicide and the same stipulates as follows :

306. Abetment of suicide.-- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

7. In the present case, the deceased had committed suicide. The question of whether the petitioners herein, had abetted her in the commission of her suicide is the issue before this Court. The Hon’ble Supreme Court of In