To convict under Section 306 IPC, instigation or abetment must be proximate to the suicide, and mere demand for money does not suffice as sufficient cause for abetment.

JUDGMENT :

SANDEEP SHAH, J.

1. By way of filing the instant criminal appeals, the accused- appellants have questioned the validity of the judgment dated 04.06.2013 passed by the learned Additional Sessions Judge No.2, Nohar, District Hanumangarh in Session Case No.10/2012 (06/2012) (32/11) titled “State v. Gourav @ Goru & Ors.” whereby the learned Trial Court has convicted the appellants for offences punishable under Section 306 IPC with rigorous imprisonment for a period of 7 years with a fine of Rs.5,000/-. In default of payment of fine further to undergo six months’ rigorous imprisonment.

Factual Matrix:-

2. The brief facts of the case are that based upon handwritten information dated 21.03.2011 (Exh.P1), given by Shankar Lal (PW-1) to the SHO Police Station Nohar, regarding death of Manoj Kumar, son of his younger brother Deendyal, at the shop belonging to Manoj Kumar, by way of committing suicide by hanging himself; inquest proceedings were initiated by the police officials. Subsequently, the police inspected the site and undertook the photographs of the deceased as well as site vide Exh.P3 and Panchnama was prepared vide Exh.P2. The police during the inquest proceeding No.11/11 under Section 174 Cr.P.C., on 21.03.2011 prepared a memo of recovery (Exh.P4) of the rope used for hanging while pointing out the details with regard to the area where the incident happened and prepared a crime detail form on 21.03.2011 itself. On the next date, the police again inspected the site and by way of Exh.P5 prepared on 22.03.2011 at around 01:00 PM recovered a suicide note allegedly written by deceased Manoj Kumar, which was found in a drawer of the counter of shop belonging to the deceased. It has been stated under the memo that the suicide note was running in three pages, wherein Serial Nos.1, 2 & 3 were marked and on the last page suicide note was signed by the deceased and the date 21.03.2011 was mentioned. It has been alleged that the witnesses Shankar Lal and Prayagchand fortified the fact that the signature and the handwriting was of deceased Manoj Kumar.

3. Post recovery of the suicide note, a written complaint came to be filed by Sumitra, wife of deceased, Manoj Kumar on 22.03.2011, which was handed over to the police officials at her house at 04:15 PM. In the report, Smt. Sumitra (PW-2) stated that a day before the deceased committed suicide, he appeared stressed and informed her that he previously engaged in betting on cricket matches and that although he had discontinued such activities, he was still being continuously harassed by local bookies, namely Hanuman Gosai and Ashok Kandoi. She asserted that on 20.03.2011 the deceased further informed her that tomorrow a person named Goru would be coming to forcefully take money from the deceased, whereas the deceased was not having any outstanding to be paid to them. She further stated that the deceased informed her that earlier also, these people had collected 7 to 8 lakh rupees from the deceased and tomorrow again they were coming to take the money, whereas the deceased was not in a position to make the payment. She further stated that she did not think it appropriate to inform her father-in-law and family members and on the next morning i.e. 21.03.2011, her husband after taking bath went to the shop and at around 10:30 AM, he committed suicide by hanging himself in the shop in question. She thus asserted that the above-mentioned p