2002 Supreme(Guj) 575

Gujarat High Court
Judgename :A.M.KAPADIA
S.G.MUNIA - Appellant
Versus
STATE - Respondent
CRI.M.A. 8694 of 2001
Decided On : 08/02/2002

Headnote:

Indian Penal Code,1860 -Sections 114,156,306,190 -Code of Criminal Procedure, 1973 -Section 482p - Petitioner No. 1 is serving as Deputy Superintendent of Police, Head Quarters, Kachchh. At present he is in charge of the Communal Cell (Administration ). His duty is to look after the entire Head Quarters. 3. 1. (B) petitioner No. 2 is a residential Sub Inspector. He is in charge of the Head Quarters for the following categories: (i) parade, (ii) mess, (iii) mountain Dog Squad, (iv) camel Squad, (v) armour Branch, (vi) band Branch, and (vii) writer Head Branch. 3. 1. (C) petitioner No. 3 is a Head Cook at the Head Quarters. Two persons work under him. He was working under Mess Commander, i. e. , the deceased. His main job is to take raw material from the deceased and to prepare food. His duty is to serve all new recruits and persons without family. 3. 1. (D) petitioner No. 4 is a Mess Cook. His job is to prepare food and was working under Mess Commander i. e. , the deceased. 3. 2. THE deceased was appointed as Mess Commander at the Head Quarters on 14/08/1999. His duty was to look after the kitchen and maintain all accounts regarding the same. The keys of the store used to remain with the deceased. 3. 3. ON 10/09/1999 the deceased without informing any one surreptitiously eloped from the Head Quarters and did not report for duty. On September 20, 1999 the deceased consumed Baygon Spray, a highly poisonous insecticide, and on 22/09/1999 passed away. On 28/09/1999 respondent No. 2 complainant who happens to be the brother of the deceased filed a private complaint in the Court of Chief Judicial Magistrate, Kachchh at Bhuj alleging that the accused persons (petitioners) in collusion with each other have committed offence of abetting the commission of suicide by the deceased thereby committed offence punishable u/s. 306, 114 read with Section 120-B of the IPC. 3. 4. (A) in the complaint it is alleged that his brother i. e. , the deceased was serving as a Mess Manager and Writer Head at the Police Head Quarters under the direct supervision of the District Superintendent of Police. According to the complainant, the deceased was a very honest, sincere and man of principles. Though he was in charge of the Mess Canteen he was not handed over the charge of godown, office and the keys of the godown and office were also not given to the deceased, but only the keys of store room used to remain with the deceased. It is alleged that time and again incidents of irregularities, mismanagement concerning the mess used to be reported and to prevent such irregularities and mismanagement the deceased used to always inform petitioner No. 1. It is said that the deceased used to always complain to petitioner No. 1 about the misdeeds committed by petitioner Nos. 2, 3 and 4 but every time petitioner No. 1 used to avoid the deceased and always favoured petitioner Nos. 2, 3 and 4. In order to see that the deceased lands up in some sort of trouble or problem, petitioner Nos. 2, 3 and 4 used to spread rumours that the quality of food was not upto the mark and that many insects were to be seen in the good and not only that, sometimes the faecal matter of rats also was found in the food. Such rumours were being spread by petitioner Nos. 2, 3 and 4 as a part of the conspiracy hatched by them and thereby gave mental torture to the deceased. It is further alleged that petitioner Nos. 2, 3 and 4 started discussing in the Head Quarters with the other officials saying that the deceased was a very irresponsible person, that he was very incompetent, etc. In connection with this matter also the deceased had drawn attention of petitioner No. 1. 3. 4. (B) it is further alleged in the complaint that allegations of irregularities in the buying of kerosene and mismanagement of canteen were also levelled against the deceased. Petitioner Nos. 2, 3 and 4 also declared that some quota of food grains are also stolen. About 5 to 6 days before the date of incident -Held principles laid down by the Supreme Court in the judgments referred to above and the evidence in the nature of two dying declarations which have been discussed at length in the foregoing paragraphs, there is no hesitation in holding that as superior officers at times the juniors are reprimanded for their lapse or dereliction of duty, but that does not mean that the person who is reprimanded if feels bad and commits suicide the superior is to be punished for abetment. Many times teachers reprimand a student for not being attentive in the class or not being upto the mark in studies and for any reason if a student is mentally weak or say very emotional or sentimental commits suicide, the teacher cannot be held liable for the same. Police department is a symbol of discipline. As a part of disciplinary measures even if the deceased is told something or for any reason even if there is any talk in the head quarter about mismanagement of the mess for the quality of food that by itself is not sufficient to draw an inference that the same was with the intention to harass the deceased and lead him to commission of suicide, and therefore, continuation of prosecution of the petitioners who are police officials will amount to abuse of process of law and will lead to serious miscarriage of justice. Judicial process should not be an instrument of oppression or needless harassment. petition succeeds and accordingly it is allowed. Criminal Complaint being Inquiry Case No. 72 of 1999 arising out of M. Case No. 21 of 1999 of Bhuj City Police station is hereby quashed and set aside and both the impugned orders recorded by the learned Judicial Magistrate, First Class and the Sessions Judge also quashed and set aside. Rule is made absolute -petition is Allowed.