Important PointAct of accused pressurising deceased to repay the loan and taking away family ornaments of deceased would not constitute offence of abetment to suicide if victim committed suicide.
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JUDGMENT

Uma Nath Singh, J. — This criminal revision arises out of an order dated 10.9.2003 passed by learned Additional Sessions Judge, Manasa, in Sessions Trial No. 97/2002, whereby the learned Judge has rejected the contentions of the applicant and framed a charge under Section 306 of the IPC.

2. It appears from the record that deceased Durga Banjara had purchased a tractor on bank loan. One-fourth of the loan amount being Rs. 90,000/- was paid to the Bank, after taking loan from the accused applicant Jugal Kishore. As the deceased was not in position to pay back the loan on due date, the accused appli-cant took away his tractor. However, subsequently the same was returned to the deceased after he made a part pay-ment of Rs. 30,000/-. A demand for pay-ment of outstanding loan amount of Rs. 60,000/- was made by the accused appli-cant. He visited the residence of the deceased in that connection who assured to make payment by selling out gold orna-ments. The accused advised the deceased to hand over him the said ornaments

and meet him in his village to settle

the accounts. It also appears that the deceased accordingly went to village of the accused on the same day, but he was told that the accounts could not be settled because the Bank had organized a camp on that day. It also appears that the deceased again visited the accused next day with one Laxmi Narayan, but he was ill-treated and threatened with police action. And his accounts were not settled. The deceased is said to have returned home. He went to his field where he con-sumed some poisonous substance and started vomiting. He was taken to a hospital where he died. It also appears that he left a suicide note, wherein he mentioned that his accounts were not settled by the accused who accompanied by two other persons was standing with lathis and also threatened him with

police action. Accordingly, a Marg was registered and on inquiry FIR was lodged. Ultimately on investigation, Police laid a challan and the Court framed a charge under Section 306, IPC.

3. I have heard learned Coun-

sel for the parties and perused the records.

4. Learned Senior Counsel Mr. Jai Singh submitted that the alleged act of the accused in not settling the accounts on the scheduled day when the deceased visited his place and his threat of police action cannot be said to be acts of insti-gation as the same were not intended to drive the deceased to commit suicide. Mr. Singh also referred to various decisions of this Court as well as of Hon’ble the Apex Court rendered in similar circumstances where the Hon’ble Court has held that the ingredients of Sections 107 and 306, IPC were not attracted. The cases so referred are as under:

(a) Laxmi Prasad Vishwakarma v. State of M.P.1.

In this case it was held by a learned Single Judge of this Court that if a borrower says to creditor that he may commit 'suicide’, it does not amount to instigation. It was also held that any conversation between borrower and creditor does not amount to an offence of abet-ment to commit suicide:

(b) Gajadhar Prasad Patel v. State of M.P.2.

In this case also it was held that the accused should inten-tionally aid or facilitate the commission of suicide. It was also held that framing of charge affects personal liberty of accused, therefore, the Court must satisfy itself on the survey materials on record, that prima facie complicity of the accused in commission of offence is probable.

(c) Prabhu Dayal Ahirwar v. State of M.P.3.

In this case it was held that suicide is not the direct result of quarrel and in the absence of mens rea the accused cannot be held guilty of abetment to commit suicide.

(d) Swami Prahaladdas v. State of M.P. & Anr.4.

In this case, during a quarrel the accused made a remark to the deceased like “go and die”. This utterance of words was not taken as instigation for deceased to commit suicide and;

(e) Sanju @ Sanjay Singh Sengar v. State of M.P.5 . It has been held that presence of mens rea is a neces