The main legal point established in the judgment is that for an offence of abetment of suicide under Section 306 of I.P.C. to be attracted, there must be intentional instigation or aiding, and mere words or actions in the academic interest of a student may not constitute abetment.

G.K. ILANTHIRAIYAN, J.

1. This petition is filed to quash the criminal proceedings in P.R.C.No.21 of 2014 on the file of the Judicial Magistrate, Uthamapalayam, having been taken cognizance for the offence under Section 306 of I.P.C.

2. The case of the prosecution is that the petitioner was charged for the offence under Section 306 of I.P.C. alleging that on 19.12.2014, the deceased Vignesh Kumar, who was studying 9th standard, came to the school without maths book. Therefore, the petitioner, who was the maths teacher, directed the student to stand outside of the class room till the completion of maths period and further directed him to see the Headmaster along with his parents. Due to the said act, the deceased ashamed and hence, on 19.12.2014 at about 06.10 p.m., he himself poured kerosene and set fire on him. Thereafter, on 24.02.2018 he succumbed to the burn injuries. Hence the charge.

3. The learned counsel appearing for the petitioner would submit that the petitioner is working as maths teacher in NSKP Higher Secondary School at Gudalur. The deceased, who was the 9th standard boy has immolated at his residence, following which, a complaint has been lodged by the victim. After the occurrence, the petitioner was suspended from service and thereafter, his suspension was revoked and he is continuously carrying on his service as a teacher in the same school.

4. He would further submit that even as per the case of the prosecution, there are absolutely no averments as against the petitioner to sustain charge under Section 306 of I.P.C. There is no abetment for the commission of crime by the petitioner herein. Even as per the case of the prosecution, the petitioner directed the deceased to stand outside the class room and meet his Headmaster for non bringing the maths book on 18.02.2014 along with his parents. The said words are just of bonafide expectation and professional concern of a teacher and he had acted in good faith in making the student to mend his mistake of not bringing his maths book. Further, he would contend that the said words or advise are normally used by all the teachers while monitoring their students for the academic interest of the students. Therefore, the charge under Section 306 of I.P.C. is not at all attracted as against the petitioner and he sought for quashing the entire proceedings.

5. The learned Government Advocate (criminal side) would submit that the petitioner is the sole accused and because of his abetment, the deceased aged 15 years committed suicide and there is no other reason except the words uttered by the petitioner for the deceased to commit suicide and there are clinching evidence to rope the accused into the crime.

6. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (criminal side) appearing for the respondent and perused the materials available on record.

7. Admittedly, the petitioner while he was working as maths teacher in NSKP Higher Secondary School, Gudalur, the deceased was studying in 9th standard. On 18.02.2014, the deceased attended the class without maths book. Therefore, the petitioner asked the victim to bring his father on the next day to meet the Headmaster for not bringing the maths book to the school. Further, he was directed to stand outside the class.

8. It is quite natural that many of the teachers only on the academic interest of the students used to direct them to stand outside of the class room. Further, all the teachers used to direct them to meet the Headmaster of the school to show that there must be some control over the students. In respect of the offence under Section 306 of I.P.C. is concerned, whether the act of the petitioner herein would attract the ingredients of the offence. For convenience, the Section 306 of I.P.C. is extracted herein:

"306. Abetment of suicide - If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term w