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2007 Supreme(Mad) 1529
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K.N. BASHA
K. Ravikumar
Versus
State by: Station House Officer Grand Bazaar Police Station Pondicherry, Pondicherry District & Another
Crl.O.P.No.22507 of 2006
Decided On : 16-05-2007
The judgment established the requirement of an active role in instigating or aiding the commission of suicide under Section 306 I.P.C. It also underscored the importance of evidence to establish the accused's intention and motive.
Headnote:
Suicide - Abetment - Section 306 I.P.C. - Section 107 I.P.C. - Section 174 Cr.P.C. - Section 306 I.P.C., Section 107 I.P.C., Section 174 Cr.P.C. - The court discussed the application of Section 306 I.P.C. and Section 107 I.P.C. in the context of abetment of suicide. It highlighted the need for an active role in instigating or aiding the commission of suicide and emphasized the importance of evidence to establish the accused's intention and motive. The court also considered the implications of the suicide notes and the responsibility of teaching staff in correcting answer papers. The judgment underscored the need for educational reforms and counseling to address the underlying factors contributing to student suicides.
Fact of the Case:
A student committed suicide after receiving low marks in an examination. The petitioner, a lecturer, was implicated for alleged abetment under Section 306 I.P.C. based on the claim that negligent correction of papers led to the student's suicide.
Finding of the Court:
The court found that there was no evidence to establish the petitioner's instigation or intention to abet the suicide. It emphasized the lack of nexus between the petitioner's actions and the student's death, and the absence of mens rea. The court also highlighted the significance of the suicide notes and the subsequent alteration of the case to one under Section 306 I.P.C.
Issues: The key issues revolved around the alleged abetment of suicide by the petitioner, the relevance of the suicide notes, and the responsibility of teaching staff in correcting answer papers.
Ratio Decidendi: The court's decision was based on the lack of evidence to establish the petitioner's active role in instigating or aiding the suicide, as required under Section 306 I.P.C. It also considered the implications of the suicide notes and the responsibility of teaching staff in the context of student suicides.
Final Decision: The court quashed the proceedings against the petitioner, citing the absence of evidence to support the alleged abetment under Section 306 I.P.C. It emphasized the need for educational reforms and counseling to address the underlying factors contributing to student suicides.
Learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of quashing the proceedings pending against him in P.R.C.No.8 of 2006 on the file of the learned Judicial Magistrate, Pondicherry.
2. This is a very unfortunate case, wherein a student of II Year B.Tech. Course, Pondicherry Engineering College, Pondicherry has taken an extreme decision to put an end to his life by committing suicide by hanging, as he has obtained less marks in Mathematics than his expectation, as a result of which, the petitioner, who is the lecturer in Mathematics, Annamalai University, Chidambaram, has been implicated in this case for the alleged offence under Section 306 I.P.C., on the allegation that because of his negligent and careless correction of papers, awarded 20 marks in the place of 54 and 61 marks, given after revaluation by other lecturers and as such, he has abetted the victim student to commit suicide.
3. The complaint was registered in this case on the basis of the report said to have been given by the mother of the victim on 11.07.2003 for the offence under Section 174 Cr.P.C.
4. It is stated by the mother of the victim in the complaint that her son, aged about 20 years, was studying in the Government Engineering College, Pondicherry and on 10.07.2003, he has received his mark sheet for the II Year Examinations in B.Tech. It is further alleged that after the receipt of the mark sheet, her son was very depressed and he has not properly taken his food in the night. It is stated in the complaint that on 11.07.2003 at 6.00 a.m., the victim was found hanging with a nylon saree at the pooja room of the house. It is also specifically stated by the mother of the victim in the complaint that the victim is said to have committed suicide as he has obtained less marks in the examination.
5. Apart from the complaint given by the mother of the victim as stated above, the father of the victim has also made a representation to the Pondicherry Government seeking action against the teaching staff for their reckless and hasty correction of answer papers. On such representation, an enquiry was conducted. The authorities were also directed for re-valuation. In the re-valuation, the victim is said to have secured more marks, as a result of which, the case was altered into one under Section 306 I.P.C.
6. Mr. S.Nagamuthu, learned counsel appearing for the petitioner made the following submissions:
.(i) The materials available on record do not constitute a prima facie case under Section 306 I.P.C.;
.(ii) There is absolutely no material available on record to show that there was any nexus between the act of the petitioner and the cause of the death of the student namely, the victim in this case;
(iii) The materials available on record do not attract the ingredients of the abetment under Section 107 I.P.C.;
(iv) There are no materials available on record to show that the deceased student was neither known to the petitioner nor the petitioner was inimical towards the deceased student and there is absolutely no mens rea for the petitioner to commit the offence.
7. Per contra, learned Public Prosecutor, Pondicherry has contended that there are enough materials available on record to implicate the petitioner for the offence under Section 306 I.P.C. It is contended by the learned Public Prosecutor, Pondicherry that the suicide note left by the victim also clearly shows that the deceased student decided to commit suicide only on the ground of scoring less marks and he has also clearly mentioned in the suicide note that there should be some solution for the careless and reckless valuation of papers by the teachers. Therefore, it is contended by the learned Public Prosecutor, Pondicherry that there is no ground made out by the petitioner seeking the relief of quashing the proceedings.
8. Mr.G.K.Ilanthiraiyan, learned counsel appearing for the second respondent / de facto complainant also co
