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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, J.
Ashwinbhai Mansukhbhai Kanzariya and Others – Appellants
Versus
State of Gujarat and Others – Respondents
Criminal Misc. Application Nos. 10278, 10866 of 2012
Decided On : 24-05-2023
Abetment - Quashment of FIR - Indian Penal Code, Section 306, Section 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1889 - The court analyzed the allegations of abetment of suicide and offenses under the Atrocities Act against the accused. It highlighted the legal provisions of abetment and the elements required to establish the offense. The court found that the contents of the suicide notes and allegations in the FIR did not establish the offense of abetment under Section 306 of the Indian Penal Code. It also concluded that the charges under the Atrocities Act were not made out. Therefore, the court exercised its inherent powers to quash the FIR and related proceedings against the accused.
Fact of the Case:
The deceased, an employee of Rajkot Municipal Corporation, committed suicide and left behind a letter alleging harassment and humiliation by the accused. The accused sought quashment of the FIR, contending that they had no intention to abet the suicide and were not directly involved in the deceased's transfer.
Finding of the Court:
The court found that the allegations in the suicide notes and FIR did not establish the offense of abetment under Section 306 of the Indian Penal Code. It concluded that the accused had no intention to drive the deceased to commit suicide and lacked the mens rea required for the offense.
Issues: The main issue was whether the contents of the suicide notes and allegations in the FIR established the offense of abetment of suicide and offenses under the Atrocities Act against the accused.
Ratio Decidendi: The court held that the elements of abetment, including instigation, aiding, or conspiracy, were not established based on the facts and circumstances of the case. It emphasized the lack of mens rea and intention on the part of the accused to abet the suicide.
Final Decision: The court exercised its inherent powers to quash the FIR and related proceedings against the accused, as it found that no prima facie case was made out involving the accused in the alleged offenses.
JUDGMENT :
ILESH J. VORA, J.
1. Since the present applications arise out of the same set of facts and the issue before this Court in both the application is also common, the same are being decided by this common judgment and order.
2. By this application under Section 482 of Cr.P.C. the applicants-original accused seek to invoke inherent powers of this Court, praying for quashment of First Information Report being I-C.R. No. 216/2012 registered with City ‘A’ Division Police Station, Rajkot, for the offences punishable under Sections 306 and 114 of the Indian Penal Code and Section 3(i)(x) and Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1889.
3. Facts and circumstances giving rise to these applications are that, the deceased Ashok Chavda, employee of Rajkot Municipal Corporation (referred to hereinafter as ‘RMC’) committed suicide by hanging himself in Hotel Miracle at Ahmedabad. He left Rajkot on or before 02.07.2012 for which missing complaint was registered on 03.07.2012. Deceased was recruited as a labourer and work charge employee. On 10.11.2012, deceased along with other employees of the same cadre were transferred from Malaria branch to Drainage branch at Bedinaka, Rajkot. The applicant - Chirag Pandya being a City Engineer of RMC was in control and management of Drainage Department of Rajkot, whereas, the applicants - Jitendrasinh Zala and Ashvin Kanjaria were serving on the post of Dy. Engineer and Asst. Electrical Engineer, RMC respectively. Deceased - Ashok Chavda dissatisfied with his transfer posting and was irregular in attending the office. After resuming the duty at Drainage branch, Bedinaka, he was remained absent for 72 days for which the written memo in form of show-cause notices were served on different dates and the authority concerned after considering the reply thereof, accepted his explanation and closed the matter and whatever leave sought by the deceased sanctioned in accordance with applicable rules and regulations.
Deceased committed suicide on 04.07.2012. Before the incident of suicide, he wrote a letter in form of complaint dated 28.06.2012 addressed to Police Commissioner, Rajkot, alleging therein that, “the applicants accused being higher officials of the department intentionally insults him in front of other employees and intimidates with an intent to humiliate and harass him as he belongs to scheduled castes.” It is further alleged therein that he does not want to see the face of the applicants herein and have decided to commit a suicide and he stands firm in his decision to commit suicide. It is further alleged that it is necessary to teach lesson to higher officials and they are responsible for the act of suicide. It is further alleged that he was victimized by the higher officials and illegally served with show- cause notices for which he was compelled to submit a false reply thereof and had been directed to work in other field, which was not befitting to his qualification and job experience. It is further alleged that in Drainage department where he was transferred was totally new for him and did not have any work experience to do work of cleaner on the heavy vehicle meant for maintenance of drainage work etc. and working as a cleaner with such vehicles is dangerous to his life. He further alleged that he along with others have strongly opposed the transfer from Malaria Department to drainage branch, Bedinaka, Rajkot and lastly, deceased strongly urged that his letter should be treated as his complaint towards the commission of suicide.
The deceased left for Ahmedabad on 02.07.2012 and stayed at Hotel Miracle where he committed suicide by hanging himself. Before he could commit suicide, he prepared a suicide note allegedly written on 04.07.2012, which runs into 6-7 pages, wherein, the names of present applicants referred by him and further alleged that, earlier, he tried to commit a suicide, but somehow he could not get success and now he decided
The main legal point established in the judgment is that the offense of abetment under Section 306 of the Indian Penal Code requires the presence of mens rea and intention on the part of the accused,....
For a charge of abetment of suicide under IPC Section 306, there must be clear evidence of instigation or incitement by the accused, and mere allegations of harassment are insufficient without a dire....
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aid leading to suicide, which was not established in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear mens rea and an active role by the accused, which was absent in this case.
For charges under Section 306 IPC, mere harassment is insufficient; there must be direct evidence of incitement to commit suicide.
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