The court found prima facie evidence of threats by the Applicant leading to the deceased's suicide, justifying the continuation of the FIR under Sections 306 and 34 of IPC.

ORDER :

Ravindra V. Ghuge, J.

1. The Applicant is Accused No.1 in First Information Report (FIR) bearing no. 0251 of 2024 registered with the Sion Police Station, District Brihan Mumbai on 22^nd July, 2024. There are five other Accused, whose names are mentioned in the FIR.

2. After the hearing in this matter was concluded, we called upon the learned Advocate for the Applicant to state whether he desires to withdraw the Application, since we had expressed our disinclination. The Applicant is present in the Court and has instructed the learned Advocate to seek an order from the Court.

3. The contention of the Applicant is that Section 306 and Section 34 of the Indian Penal Code (IPC) have been invoked. There is no specific act attributed to the present Applicant, which can be said to be a cause for abetment to suicide. The Applicant has drawn our attention to the 13 grounds, which have been set out in the memo of the Application. These grounds can be summarized as under :-

(a) Even if the entire allegations in the FIR are taken as they are, prima facie case is not made out against the Applicant under Section 306 of IPC.

(b) A false FIR has been filed by the widow of the deceased.

(c) A delay of 38 days is caused in lodging the FIR.

(d) No allegations are set out against the Applicant in respect of abetment or instigation to commit the suicide.

(e) The Applicant is falsely implicated in the crime.

(f) The deceased alleged that he received a threatening phone call from the present Applicant on 10^th June, 2024 at 10:00 p.m, but the FIR story would indicate that he had consumed boric acid powder before receiving the call.

(g) The FIR reveals that the deceased had promised to ‘provide remained consideration on the next day’, which suggests that the alleged phone call did not prompt or abet the suicide.

(h) The deceased was hospitalized for four days from 10^th June, 2024 to 13^th June, 2024. He passed away on 15^th June, 2024.

(i) The delay of 38 days in filing the FIR is fatal.

(j) Section 306 of IPC would not apply to the Applicant, if the allegations of harassment are insufficient directly leading to the suicide.

(k) There is no clear connection between the Applicant’s act of calling the deceased and the suicide of the deceased. (l) Reliance is placed on the following Judgments :-

(i) Madan Mohan Singh V/s. State of Gujrat, 2010 ALL MR CRI 3245 (SC)

(ii) Binod s/o. Ratan Sarkar & Ors. V/s. The State of Maharashtra & Anr., 2014 ALL MR (Cri) 1216

(iii) Ravindra Bhimrao Khillare & Ors. V/s. The State of Maharashtra & Anr., 2017 ALL MR (Cri) 2966

(m) The investigation is at a primary stage.

(n) The Applicant should not be made to undergo the ordeal of a criminal trial.

4. The learned APP submits that the investigation is completed and the chargesheet is ready to be filed. The handwriting expert’s report is awaited. The cellular tower location and the CDRdetails indicate that it was the present Applicant, who had made the crucial threatening call to the deceased, which frightened him to such an extent that he decided to commit suicide.

5. The learned Advocate for the Applicant submits that the Applicant has never denied that he has made the call to the deceased. His argument is that the facts and circumstances would not satisfy Section 107 of IPC while proving the offence punishable under Section 306 of the IPC.

6. The learned APP submits that Sections 306 and 34 of the IPC have been invoked. A copy of the handwritten suicide note of the deceased is available in the records and the learned APP has tendered a typed copy of the suicide note. We are reproducing the typed version of the suicide note, hereunder :-

7. Section 306 and Section 34 of IPC, which read as under :-

“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.

34. Acts done by several persons in furtherance of common in