Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 917

IN THE HIGH COURT AT CALCUTTA
TIRTHANKAR GHOSH, J.
Shuvojit Bhaduri alias Ishan – Appellant
Versus
The State of West Bengal - Respondent
C.R.A. 701 of 2019
Decided on : 07-08-2024.

Advocates:
Advocate Appeared:
For the Appellant : Mr. Subir Ganguly, Mr. Pranab Palit, Mr. Sumanta Ganguly.
For the Respondent: Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty.

IMPORTANT POINT
The court established that for a conviction under Section 306 IPC, there must be clear evidence of instigation or encouragement to commit suicide, which was lacking in this case.

Headnote:
Conviction - Suicide - IPC Section 306 - The court analyzed the provisions of Section 306 of the IPC, interpreting the necessity of establishing direct abetment to suicide, and concluded that the evidence did not sufficiently demonstrate the accused's culpability.
Fact of the Case:
The appellant was convicted under Section 306 IPC for allegedly abetting the suicide of his girlfriend, who was under mental pressure and had a troubled relationship with him, leading to her death by hanging.
Finding of the Court:
The court found that the prosecution failed to establish that the appellant's actions directly led to the victim's suicide, highlighting inconsistencies in witness testimonies and the victim's mental health history.
Issues: Whether the appellant abetted the suicide of the deceased under Section 306 IPC.
Ratio Decidendi: The court held that mere mental pressure or a troubled relationship does not constitute abetment under Section 306 IPC without clear evidence of instigation or encouragement to commit suicide.
Result: The conviction was set aside, and the appellant was acquitted of all charges.

JUDGMENT :

Tirthankar Ghosh, J. :

1. The present appeal has been preferred against the judgment and order of conviction dated 15.11.2019 and 20.11.2019 passed by the learned Additional Sessions Judge, Fast Track Court-II, Howrah in Sessions Trial No. 55 of 2014, wherein the learned Trial Court was pleased to convict the appellant under Section 306 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay fine of Rs. 10,000/- in default further Simple Imprisonment for six (6) months.

2. Malipanchghora Police Station case 137/13 dated 17.03.2013 under Section 306 of the Indian Penal Code was initiated against the appellant Shuvojit Bhaduri @ Ishan. On the basis of an information, addressed to the Inspector in-charge, Malipanchghara Police Station, Howrah by Soumitra Paul the case was registered for investigation. The allegations were to the effect that the informant’s daughter Late Sayantani Paul had a relation with Shuvojit Bhaduri @ Ishan of Deoghar, Jharkhand for about two (2) years. During the period of existing relationship the boy mentally pressurized his daughter and always tried to squeeze money from her. The informant and his wife understood the motive of the accused but considering the happiness of their daughter accepted the same and never objected to such acts. In fact, at the time of tonsil operation of the said accused the informant had to spend Rs. 50,000/- and on different occasion, he would demand some money or in the alternative threatened to snap the relationship with his daughter. He also took a sum of Rs. 75,000/- for purchasing Motor Cycle form the informant’s wife who was forced to pay the money. On 11.03.2013 the informant’s daughter had quarrel over telephone with the accused, consequently their daughter did not eat anything and the informant apprehends that the accused must have pressurized her daughter to transfer all the property in his name. On the morning of 12.03.2013 they found their daughter committed suicide by hanging herself and it was transparent to the informant that she was forced to commit suicide by the accused and the same would reveal from the deceased’s mobile phone. The informant therefore, requested the Police authority to take action against the accused.

3. On the basis of the aforesaid information as earlier stated Malipanchghara Police Station case No. 137/13 dated 17.03.2013 was registered for investigation under Section 306 of the IPC against the accused/appellant and the case was endorsed to Sub-Inspector, Samar Kumar Dey (P.W.9) of the said Police Station. The investigating officer in course of investigation visited the place of occurrence, particularly the bedroom on 17.03.2013, prepared rough sketch map with index, and recorded the statement of the witnesses arrested the accused and effected seizures in respect of the relevant materials. On conclusion of investigation he submitted charge-sheet against the FIR named accused person under Section 306 of IPC.

4. The case was thereafter committed to the Court of Sessions and the proceedings including the case records were transmitted to the Learned Additional Sessions Judge, Fast Track Court-II, Howrah. The learned Trial Court on perusal of the materials available/collected by the investigating agency by its order dated 03.07.2014 was pleased to frame charges under Section 306 of the Indian Penal Code, against the accused/appellant. The contents of the charge was read over to the accused person to which he pleaded not guilty and claimed to be tried.

5. The prosecution in order to prove its case relied upon 9 witnesses, which included P.W.1, complainant, father of the deceased; P.W.2, Aparajita Paul mother of the deceased; P.W.-3, Mita Dutta, Doctor who initially checked the patient and suggested for post-mortem examination; P.W.4, Soumita Mukherjee, colleague of P.W.2 and family friend; P.W.-5, Tanup Pakhira, Sub-Inspector of Belur Police Station who conducted inquest; P.W.-6 Gita Rani Gh