IMPORTANT POINT
Mere non-payment of debt by deceased to accused could not be said sufficient proof to attribute intention of abetment to accused petitioner.

JUDGMENT

Y.V.Narayana, J.-Accused 1 to 4 in P.R.C. No. 20/1996 on the file of the learned Judicial Magistrate of First Class, Kalkalur filed this petition under section 482, Code of Criminal Procedure to quash the said proceedings on the ground that there is no material to show that the petitioners-accused either instigated or aided or abetted the deceased to commit suicide.

2. The allegations in the charge sheet against the petitioners herein are:

The deceased Vadlamudi Nagesweara Rao @ Nagaiah failed to pay a sum of Rs. 3,42,000/- due to the first petitioner accused in connection with the fish business. Hence the first petitioner accused filed a criminal case against the deceased which is pending. Besides this the accused have been threatening the deceased and harassing him with dire consequences to pay the amount due to them under threat to the life of the deceased and his family members. On 4-11-1995 the deceased committed suicide. The suicidal note found in the pocket of the deceased stating that the accused have abetted him to commit suicide, was sent to the Handwriting Expert along with the specimen hand writings of the deceased. The Handwriting Expert opined that the suicidal note was in the handwriting of the deceased. Hence the accused-petitioners were charge-sheeted under section 306 of the Indian Penal Code.,

3. A perusal of the charge sheet shows that there was no mention as to when the accused-petitioners threatened the deceased with the dire consequences and how they abetted the deceased in commiting suicide. The opinion of the Handwriting Expert is based on the specimen handwriting of the deceased only, but not basing on the admitted handwriting of the deceased as it is not possible to obtain the admitted handwriting of the deceased. Moreover the allegations in the charge sheet do not show how the accused-petitioners have intentionally aided the deceased to commit suicide. To attract the ingredients of abetment, the intention of the accused-petitioners to aid or instigate or abet the deceased to commit suicide is necessary. Mere non-payment of the debt by the deceased is not a sufficient proof to attribute the intention of abetment to the accused-petitioners. Therefore the proceedings against the accused-petitioners under section 306 of the Indian Penal Code have to be quashed. Accordingly the petition is allowed and the proceedings in P.R.C. No. 20 of 1996 on the file of the learned Judicial Magistrate of First Class, Kalkalur against the accused-petitioners herein are hereby quashed.

Petition allowed.