Back
2010 Supreme(Guj) 230
2010 (3) GCD 2117 (SC)
Hon’ble Mr. Justice V.S. Sirpurkar
Hon’ble Mr. Justice Cyriac Joseph
Madan Mohan Singh
Versus
State of Gujarat & Anr.
Criminal Appeal No. 1291 of 20081—Decided on 17/08/2010
Point in Issue :
Whether High Court was right in dismissing the application for quashing the FIR.
Headnote:Head Note :
[Indian] Penal Code, 1860 (Central Act 45 of 1860) — Sections 306 and 294(b) — Criminal Procedure Code, 1973 (Central Act 2 of 1974) — Section 482 — Quashing the FIR for offences — Petition for dismissed by High Court — Order of — Challenged by way of appeal — Court closely examined the FIR and alleged suicide note and found that there is no material either in FIR or in the suicide note to constitute alleged offences — Court, therefore, set aside the order of High Court and allowed the petition for quashing the FIR.
Held :
In order to bring out an offence under Section 306, IPC specific abetment as contemplated by Section 107, IPC on the part of the accused with an intention to bring out the suicide of the concerned person as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306, IPC. Court is of the clear opinion that there is no question of there being any material for offence under Section 306, IPC either in the FIR or in the so-called suicide note. [Para 8]
In the prosecution under Section 306, IPC, much more material is required. The Courts has to be extremely careful as the main person is not available for crossexamination by the appellant/accused. Unless, therefore, there is specific allegation and material of definite nature (not imaginary or inferential one), it would be hazardous to ask the appellant/accused to face the trial. A criminal trial is not exactly a pleasant experience. The person like the appellant in present case who is serving in a responsible post would certainly suffer great prejudice, was he to face prosecution on absurd allegations of irrelevant nature. [Para 9]
As regards the suicide note, which is a document of about 15 pages, all that Court can say is that it is an anguish expressed by the driver who felt that his boss (the accused) had wronged him. The suicide note and the FIR do not impress us at all. They cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide. If the prosecutions are allowed to continue on such basis, it will be difficult for every superior officer even to work. [Para 10]
It would have to be objectively seen whether the allegations made could reasonably be viewed as proper allegations against the appellant/accused to the effect that he had intended or engineered the suicide of the concerned person by his acts, words etc. When we put the present FIR on this test, it falls short. We have already explained that the baseless and irrelevant allegations could not be used as a basis for prosecution for a serious offence under Section 306 IPC. Similarly, we have already considered Section 294 (b) IPC also. We have not been able to find anything. Under such circumstances, where the FIR itself does not have any material or is not capable of being viewed as having material for offence under Sections 306 and 294(b) IPC, [Para 11]
Law Laid Down :
Unless there is specific allegation and material of definite nature it would be hazardous to ask the accused to face trial.
V.S. Sirpurkar, J.—The accused who faces prosecution for offences under Section 306 and 294(b) of the Indian Penal Code (IPC) comes up before us being aggrieved by the High Court judgment by which his petition under Section 482 Cr.P.C. was dismissed. In that petition the accused/appellant had challenged the First Information Report (FIR) registered as C.R. No. 166 of 2008 at Naranpura Police Station.
2. The said FIR is a long document which has been filed by one Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent from the said report that she was married to Deepakbhai Krishnalal Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver in the Microwave Project Department. He had undergone a heart bypass surgery in the year 2002 and he was asked by the doctor to avoid lifting heavy weights. She further stated that the appellant, Madan Mohan Singh was working as a D.E.T. and her husband who was driving a Tata Sumo car was working under Madan Mohan Singh (accused herein). She then complained that Madan Mohan Singh used to tell his private errands to her husband and was harassing him. Though Madan Mohan Singh was transferred, yet he kept on continuously using her husband. In the year 2007, Madam Mohan Singh came back on transfer in the Microwave Project as D.E.T. It is alleged that on the day when Madan Mohan Singh joined, he told her husband to keep the keys of the vehicle on the table. However, according to her, her husband did not listen to that and took back the key on account of which Madan Mohan Singh had become angry and had threatened her husband of suspending him. He also rebuked her husband that if he did not listen to him, he would create difficulties for her husband. Madan Mohan Singh said to her husband as how he is still alive inspite of the insults. It is then contended that on 21.2.2008, her husband left at 10’O Clock as per rules with tiffin but did not return back in the evening and, therefore, his search was taken by his son Jatin from his colleagues like Raji Saheb and his absence was reported to the police on 22.2.2008 and 23.2.2008. Ultimately, she came to know that her husband’s body was lying in the dead condition in the vehicle No. GJ 1 G 3472 at Kiran Park opposite Gayatri Hospital, New Vadaj. She also suggested further that a telephone call had come from Gujarat High Court informing her that there was a Xerox copy of the suicide note. Lastly, it is stated that during the period between 2003 to 21.2.2008 the Head of the department D.E.T. Project was entrusting his house work to her husband but her husband had not done the work entrusted to him and, therefore, he had bias against her husband and insulted him in front of the staff several times and because of this her husband got depressed and committed suicide.
3. This First Information Report was filed and registered on 17.3.2008 i.e. after the 24 days of the death of her husband. It is this report which is challenged suggesting that even if the whole report is accepted as it is, it did not disclose any offence much less the offences under Sections 306 and 294, IPC. Since, the Gujarat High Court did not agree and dismissed the petition; the appellant is before us now.
4. Shri K.T.S. Tulsi, learned Senior Advocate took us through the FIR in which there is reference to a suicide note allegedly written by the deceased, a Xerox copy of which was produced by the complainant. The copy of that suicide note was filed before us. It seems to be a letter dated 4.2.2008 written to the Chief General Manager, Telecom Project. It is a huge complaint in which the incident dated 15.10.2007 was mentioned when allegedly the appellant asked the driver to keep the keys of the vehicle on the table and not to take away them. There is also a complaint against the working style of the Madan Mohan Singh by the driver. There is one significant sentence I was put under mental tension by M.M. Singh. Without any concrete proof and evidence I was put under i
