Clear evidence of instigation is required to establish abetment of suicide under Section 306 IPC; mere emotional distress is insufficient.

Headnote:
Suicide - Charge Framing - IPC Section 306 - The court discussed the provisions of Section 306 IPC regarding abetment of suicide, emphasizing the necessity of clear evidence linking the accused's actions to the victim's decision to take her life, ultimately leading to the quashing of the charge.
Fact of the Case:

The petitioner was accused of abetting the suicide of a girl who was threatened by unknown individuals regarding her marriage. The girl committed suicide before her scheduled marriage, leading to allegations against the petitioner.
Finding of the Court:

The court found no reliable evidence linking the petitioner to the instigation of the victim's suicide, noting that the allegations were based on conjecture and that the victim's distress stemmed from familial pressure regarding her marriage.
Issues: Whether the petitioner could be charged under Section 306 IPC for abetting the suicide of the victim based on the evidence presented.
Ratio Decidendi: The court held that mere emotional distress or familial pressure does not constitute abetment under Section 306 IPC without clear evidence of instigation or encouragement from the accused.
Result: The court quashed the charge against the petitioner under Section 306 IPC and discharged him.

JUDGMENT

Sandeep Mehta, J. - The instant revision has been preferred by the petitioner herein for assailing the order dated 07.01.2021 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur in Sessions Case No.12/2020, whereby the learned trial court, directed framing of charge against the petitioner herein for the offence punishable under Section 306 IPC.

2. No one has appeared to oppose this revision on behalf of the respondent No.2-complainant despite service of notice.

3. Briefly stated, facts relevant and essential for disposal of the revision are noted hereinbelow.

4. The respondent No.2 Chhagan Lal submitted a written report to the SHO, Police Station Pratap Nagar, Jodhpur on 02.04.2019 alleging inter alia that in the previous night, 3-4 miscreants came to his house and threatened his daughter and family members that if Guddi (deceased) was not betrothed to Komal (the petitioner herein), and was married off somewhere else, then the entire family of the complainant would be destroyed. The complainant alleged that his daughter Guddi's marriage was scheduled to be solemnized on 16.04.2019. He and his wife had gone to Basni for making preparations. About 09.00- 09.15 p.m. he received a call from his home informing that Guddi had bolted the door from inside and after 3-4 persons had come there and had given threats. The complainant reached home in 15-20 minutes. The neighbours also came there. The door was broken down and his daughter was taken to the MDM Hospital, Jodhpur, where doctors declared her dead. He alleged that the miscreants were threatening his family members. He had personally met Komal's parents and had requested them to refrain their son, but rather than paying heed to the complainant's pleas, Komal's parents threatened that if he married his daughter somewhere else, consequences would be severe. The complainant further alleged that he had not disclosed the schedule of his daughter's marriage, which was to take place on 16.04.2019, even to his family members fearing that the miscreants would malign his image in the society and could jeopardize the marriage. He further alleged that Komal and his family members, to be specific, his brother-in-law, had instigated his daughter to commit suicide.

5. On the basis of this report FIR No.183/2019 came to be registered at the Police Station Pratap Nagar, Jodhpur for the offence under Section 306 IPC. During the course of investigation, autopsy was carried out on the body of the victim Guddi at the MDM, Hospital, Jodhpur and the medical board opined that the cause of death of the girl was antemortem hanging.

6. The Investigating Officer recorded statement of one Dhanraj Soni, who stated that the complainant and his family members used to reside in a rented portion of his (Dhanraj's) house at Acharya Colony, Chandna Bhakhar, Jodhpur. On 01.04.2019, he (Dhanraj) was strolling in the park outside his house. At about 09.30 p.m., four persons came there and asked for Chhagan Lal and then they told him that something untoward had happened in the house of Chhagan Lal. However, Dhanraj did not identify these persons.

7. Guddi's brother Prem Prakash stated that he and his two sisters were at home on the fateful night. His parents had gone out to do shopping for the marriage. Four boys came around and asked Guddi about their parents. She feigned ignorance, on which these boys stated that they would forcibly abduct her and marry her to a boy named Komal, on which, his sister went inside the house and the four boys also went away. On the same night, Guddi ended her life by hanging herself.

8. Deepu, sister of the deceased, stated that cards of her sister Guddi's marriage had been printed and the marriage was scheduled to be solemnized on 16.04.2019. On 01.04.2019, their parents had gone to Basni to make purchases for the wedding. She, her brother and sister were standing outside the house. At about 09.00 p.m., four boys came there and told Guddi that she would ha

Click Here to Read the rest of this document