IMPORTANT POINT
For a charge of abetment of suicide under IPC Section 306, there must be clear evidence of instigation or incitement by the accused, and mere allegations of harassment are insufficient without a direct causal link to the suicide.

JUDGMENT/ORDER

VINAY JOSHI, J. - Police personnel namely Ramanbabu Walde attached to the District Traffic Branch, Bhandara, committed suicide on 5/4/2017 by consuming poison. Three suicide notes were recovered from the dead body blaming applicants to be responsible for his suicidal death. Father-in-law of deceased namely Dhanraj has lodged police report alleging that the applicants have abetted deceased to commit suicide which led to the registration of crime vide Crime No. 211/2017 for the offence punishable under Ss. 306, 506 read with Sec. 34 of the Indian Penal Code, and Sec. 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('SC and ST Act').

2. Applicant Nos. 1 to 3 are the Police Constables whilst applicant No. 4 is a Police Inspector attached to the same office namely District Traffic Branch, Bhandara. Applicants have applied to this Court in terms of Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure seeking to quash First Information Report ('FIR') and charge-sheet on the premise that the material collected during the course of investigation does not make out the case of abetment.

3. It is applicants' case that the allegations about physical and mental harassment on their part are false and fabricated. Inspector General of Police Nagpur Range has conducted annual inspection of Traffic Branch, Bhandara in which certain lapses have been found. Particularly the lapses were on the part of the deceased Head Constable Walde. It is submitted that deceased got disturbed and frustrated due to inspection report, therefore under frustration he committed suicide. It is argued that the applicants were performing their official duty and the acts made therein cannot be termed as an abetment to commit suicide.

4. Learned counsel for the applicants would submit that the material available on record does not disclose the ingredients to constitute an offence punishable under Sec. 306 of the Indian Penal Code. The prosecution has failed to adduce the material from which the act of abetment as defined under Sec. 107 of the Indian Penal Code could be construed. Per se, it cannot be said that the applicants had instigated the deceased to commit suicide with requisite mens rea and therefore First Information Report as well as charge-sheet is liable to be quashed.

5. Per contra, learned APP and learned counsel appearing for informant would submit that material available on record, particularly three suicidal notes clearly indicate that the act of the applicants was of such a nature that it left no option with the deceased than to commit suicide. They also took us through statement of the family members of deceased stating that besides suicide notes, the deceased had stated them about the harassment on the part of the applicants. It is submitted that the applicants were humiliating deceased by making casteist remark and tarnished his self-esteem which led him to commit suicide. Moreover, it is submitted that the material collected during the course of investigation including three suicidal notes and a letter written by deceased to the Inspector General of Police are sufficient to put the applicants at least on trial.

6. Informant Dhanraj is father-in-law of deceased. It is his contention that on 5/4/2017, deceased sent WhatsApp message to his relatives conveying his intention to commit suicide. In-fact, deceased sent WhatsApp images of three handwritten suicide notes to his relatives, expressing his intention to committee suicide due to persistent harassment. The Police have recorded statement of informant, wherein he stated that prior to the occurrence in the month of October 2016 and April 2017 deceased had disclosed that the applicants who are his fellow colleagues were humiliating and harassing him at the instance of caste.

7. Apart from the oral statement of informant and relatives about discloser of harassment, it is essential to go through all the suicide notes whic