To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or encouragement, which was absent in this case.

JUDGMENT :

Shyam C. Chandak, J.

1. Applicants, accused in the F.I.R. bearing C.R. No. I-36 of 2017, under Section 306 r/w. 34 of the Indian Penal Code, registered with Vishnu Nagar Police Station, Dombivali, Thane dated 25th February 2017, have preferred this application under Section 482 of Cr.P.C., seeking for quashing of said F.I.R.

2. Heard learned Advocate Mr. Palve for the Applicants, learned A.P.P. Mr. Chate for Respondent No.1-State and learned Advocate Mr. Kochrekar for Respondent No.2. Perused the record and report of the handwriting expert.

2.1 Record indicates that, by an Order dated 14th November 2017, this Court directed that, police shall not file charge-sheet in the crime without prior permission of this Court, however, they shall proceed with the investigation. In view of the earlier oral direction and Order dated 12th February 2018, report of the handwriting expert has been produced by the Investigating Officer for inspection of the Court.

3. The facts in brief are that, Ashok Pawar (‘ the deceased’, for short) was working as Assistant in Confidential Section of the Office of Employees State Insurance Corporation (ESIC), at Thane. It was his duty to maintain information pertaining to corruption matters, grievances of the labourers working in companies, properties purchased/sold by the Officers and employees of the office etc. Since September 2015, Applicant No.1 was working in the said office as Deputy Director with additional charge of the Establishment Branch since November, 2016. The Applicant No.2 was working there as Social Security Officer. As alleged, Applicant No.1 was harassing the deceased on account of 3-4 years old incident when the deceased had complained against his misconduct to his superior. For last many years the deceased was suffering from migraine. The Applicants were aware of this fact. The Applicants, however, harassed the deceased as he issued notice to Applicant No.2 for not giving intimation about purchase of property. The harassment was in the form of taunting the deceased, threatening to transfer him to other place and causing him to do field work by visiting different companies, in different areas for collecting information about receipt of salary to its labourers, but in very short period when he was not well. Thus, the Applicants in furtherance of their common intention misused their official powers, mentally harassed the deceased and abetted him to commit suicide. Consequently, on 21st January, 2017 between 8.30 a.m. to 11.30 a.m., at his residence, the deceased committed suicide by hanging and leaving suicide notes that, the Applicants are responsible for his death. Hence, police registered this crime on the Report of Respondent No.2.

4. Learned Advocate for the Applicants submitted that, even if narration in the F.I.R. is accepted as it is, the same is not sufficient to establish the abetment defined under Section 107 of I.P.C. because the element of ‘instigation’ to commit suicide by the deceased, is absolutely absent in the said narration. To clarify the point more, learned Advocate submits that there is no material showing that the Applicants have played an active role by the act of instigation or by doing such act to prompt the deceased to commit suicide. In absence of any positive act on the part of the Applicants to instigate or aid in committing suicide, conviction for the same cannot be fastened to them. In short, according to learned Advocate mens rea is an essential concomitant to invite a penal liability under Section 306 of I.P.C., which is missing in the case in hand. Hence, the charge under Section 306 of the I.P.C. cannot be brought in aid of the prosecution.

5. In contrast, learned A.P.P. vehemently submitted that, for his own misconduct, Applicant no.2 was taunting and threatening the deceased as above. Notwithstanding the deceased was suffering from severe ill health, the Applicants wanted him to accept the promotion and go to a distant place as a branch Manager. Th