The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.

Order :

(Narendra Kumar Vyas, J.)

1. The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the order dated 25.10.2017 passed by the First Additional Sessions Judge, Raigarh, in Sessions Case No.101/2017 whereby charge under Section 306 and 201 of the IPC has been framed.

2. Facts of the case, in brief, are that deceased Priti Yadav was studying in class-10 at Kamla Nehru Public Higher Secondary School, Kharsia. It is alleged that on 17.07.2017 at about 9.30 AM, the victim had gone to school and during class time at third period, she reached the roof of the school and jumped on the ground from the roof and thereafter she was admitted in Metro Hospital at Raigarh for treatment where she died at about 4.50 PM on the same day. It is alleged that because of non-deposition of re-admission fee and also monthly fee, she was ill treated with some harsh words as the fee was not being paid by her within time, therefore, she committed suicide by jumping from the roof of the school. The information of death was sent to Police Station Chakradhar Nagar and on the basis of information, unnumbered merg under Section 174 CrPC was registered and statements of the parents and sister of deceased Priti Yadav were recorded under Section 164 CrPC and on the basis of statements, offence under Section 306,34 of the IPC was registered against the applicant and co-accused Sushil Kumar Bhanwar.

3. After usual investigation Charge sheet was filed learned Judicial Magistrate First Class, Raigarh who vide its committal order dated 03.10.2017 has committed the case for trial to First Additional Sessions Judge, Raigarh registered as Sessions Trial No.101 of 2017 who has framed the charges on 25.10.2017 against the applicant and other co-accused.

4. Being aggrieved with the framing of charge the applicant has preferred this Criminal Revision mainly contending that the applicant is a president of the registered society known as Deep Shikshan Samiti Kharsia. The said society is running the school known as Kamla Nehru Public Higher Secondary School, Kharsia he was involved in taking major decisions along with the body constituted according to the by-laws of the society. He would further submit that the learned Sessions Judge has failed to appreciate the fact, even if the entire case of the prosecution is taken as it is, no offence under Section 306, 34 and 201 of the IPC is attracted against the applicant. He would further submit that the enquiry was ordered by the Collector and in the said enquiry the Block Education Officer has recorded the statement of the girls of the school including the classmates of the deceased but those documents have not been collected by the Police. He would further submit that on the date of incident the applicant was not available in the city and he had gone to Baba Dham. He would further submit that from the material collected by the prosecution there is no ingredient of abetment to instigating, conspiring, or intentionally aided the deceased to commit suicide which are essential and paramount consideration for involving the applicant for commission of offence under Section 306 IPC . He would further submit that in the entire material placed in the charge sheet there is no such complaint either was made by deceased Priti Yadav or other students against the applicant in respect of humiliation, harassment by the school administration for depositing the monthly fees and it cannot imagine that the school management will instigate any student to commit suicide for paying only two months fees I.e. 1308/-. In fact the school administration has taken prompt action and hospitalized the victim she could not be saved due to injuries sustained by her. Thus, it has prayed for quashment of charge sheet pending before learned Additional Sessions Judge, Raigarh. To substantiate his submission, he has relied upon the judgments of the Hon’ble Supreme Court in case of Sta