SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Bom) 1437

IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
B.R. GAVAI & P.N. DESHMUKH, JJ.
Binod s/o. Ratan Sarkar & Ors.
Vs.
The State of Maharashtra & Anr.
Criminal Application (APL) No. 327 of 2013
Decided on: 31st July, 2013

Advocates:
Advocate Appeared
Shri S.V SIRPURKAR, Counsel for Applicants.
Shri T.A. MIRZA, Additional Public Prosecutor for Non-Applicant No.1.
Shri A.P. PRASAD, Counsel for Non-Applicant No.2.

Headnote:Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, Section 306 - Quashing of FIR lodged under Section 306. - Where ingredients of abetment of suicide was totally absent in FIR lodged against applicant, therefore FIR against applicant is quashed. - FIR lodged by complainant, wife of deceased that applicants used to pressurize the deceased for passing loans involving huge amount even on accepting low security and that the applicants used to interfere in the day-to-day routine work of the deceased and also used to take commission on passing of loan. It is further alleged that the applicants used to pressurize the deceased to employ their relatives in the Society and on completion of one month of their service they used to make demand for rise in their salaries.

       It is further alleged that applicant had mala fidely transferred the complainant from one branch to another branch which had caused great hardship to her as well as to her deceased husband. It is thus complained that due to such conduct of the applicants towards the deceased husband of the complainant he always used to be under mental tension and as such committed suicide. Held on perusal of FIR it cannot be said that the applicants in any way abetted or instigated the deceased to commit suicide. Similarly, the statements on record would also not support the case of the prosecution involving the applicants in the offence punishable under Section 306 of the Indian Penal Code. On the contrary, the statements reveal that the loans were sanctioned to the borrowers in consultation of the deceased as well as of the applicants.

       From the statements though it is alleged to have stated that on the say of the applicants borrowers were not making are payment of loan amount that by itself do not directly or indirectly establish involvement of the applicants for commission of suicide of deceased as there is nothing on record that applicants intentionally or in any manner engaged themselves in abetting or has instigated the deceased to commit suicide. Thus from the circumstances it could be said that the ingredients of “abetment“ are totally absent in the instant case for the offence under Section 306 of the Indian Penal Code, as for proceeding with the trial against the accused for offence punishable under Section 306 of the Indian Penal Code it is necessary for the prosecution to at least prima facie establish that the accused had an intention to aid the deceased to suicide. In the absence of availability of such material, the applicants cannot be compelled for any action for the offence punishable under Section 306 of the Indian Penal Code, as there is absolutely no any positive act on the part of the applicants in the present case involving suicidal death of the deceased. Hence, FIR would be quashed.

       Indian Penal Code, 1860 - Sections 107 and 306 - Offence of abetment of suicide. - In case of abetment of suicide proof of direct or indirect acts of incitement to commission of suicide, is must. - The offence of abetment is a separate and distinct offence provided in the Act as an offence. (1) A person, abets the doing of a thing when he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to complete abetment as a crime. The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section 107. As such, in case of abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide.

JUDGMENT

P.N. DESHMUKH, J.

The facts, in brief, giving rise to the present application, are as under:

That applicant No.1 - Binod is a Secretary of Coal City Urban Co-operative Credit Society Limited, situated at Bengali Camp, Chandrapur, whereas applicant Nos.2 to 4 are its Board of Directors. Non-applicant No.2 - Smt. Chayna Pottdar, wife of deceased Sushmay Pottdar, lodged a complaint on 4.1.2013 alleging therein that she was working as a Manager in the said Society while her deceased husband was the President thereof. It is further alleged that applicants used to pressurize the deceased for passing loans involving huge amount even on accepting low security and that the applicants used to interfere in the day-to-day routine work of the deceased and also used to take commission on passing of loan. It is further alleged that the applicants used to pressurize the deceased to employ their relatives in the Society and on completion of one month of their service they used to make demand for rise in their salaries. It is further alleged that applicant No.1 had malafidely transferred the complainant from one branch to another branch which had caused great hardship to her as well as to her deceased husband. It is thus complained that due to such conduct of the applicants towards the deceased husband of the complainant he always used to be under mental tension and as such committed suicide on 1.1.2013.

2. According to the applicants, after this incident of suicide of Sushmay, non-applicant No.2 lodged false report with Police Station, Ram Nagar, on 4.1.2013, on the basis of which Crime No.8 of 2013 came to be registered for an offence punishable under Section 306 read with 34 of the Indian Penal Code wherein the applicants were named and thus added as accused.

3. It is the case of the applicants that from bare perusal of the report lodged by non-applicant No.2, no offence under Section 306 of the Indian Penal Code could be made out and that till date no charge-sheet has been filed by non-applicant No.1. According to applicants, they have at no point of time either instigated or abetted or aided the deceased to commit suicide, however, having been falsely involved by non-applicant No.2, have approached this Court for quashing of F.I.R. since the same is filed with an ill-intention.

4. Shri S.V. Sirpurkar, the learned counsel appearing for the applicants, submits that on bare perusal of the F.I.R., it can be seen that incident is dated 1.1.2013 while the report is lodged after three days of the alleged incident and thus there is every possibility of false implication of the applicants by non-applicant No.2, who even otherwise was having grudge against the applicants while working as Manager of the said Society.

5. It is further submitted that in fact, it is the deceased who used to grant huge loans without obtaining proper security, to the persons residing outside the jurisdiction of the said Society which fact was regularly brought to the notice of the deceased by the applicants in the meetings and since there was nonpayment of said advanced loans, deceased for this reason always used to be under mental pressure and thus might have committed suicide. As such according to applicants they are in no way concerned with the alleged incident in any manner whatsoever.

6. Shri Sirpurkar, the learned counsel, also refers to the provisions of Sections 306 and 107 of the Indian Penal Code together with the contents of the F.I.R. and has demonstrated as to how no ingredient of above Sections could be made out even on plain reading of the F.I.R.

7. Shri Sirpurkar, the learned counsel, in support of his case, has relied upon the judgments of the Apex Court in the cases of Madan Mohan Singh vs. State of Gujarat and another, reported at (2010) 8 SCC 628: [2010 ALL MR (Cri) 3245 (S.C.)]; S.S. Chheena vs.. Vijay Kumar Mahajan & another reported at 2010 ALL MR (Cri) 3298 (S.C.) and judgment of this Court in the case of Dr. Mrs. Seema Ajay Bhoosreddy vs. The St

















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top