IMPORTANT POINT
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or incitement by the accused, which was not present in this case.

JUDGMENT

1. Instant petitions under Section 482 Cr.P.C. are at the behest of the petitioners for quashment of the criminal proceeding in connection with G.R.Case No.178 of 2015 pending in the file of learned JMFC, Barpali on the grounds inter alia that the same is not tenable in law, inasmuch as, no prima facie case is made out against them vis-a-vis the alleged offences.

2. The petitioner in CRLMC No. 1447 of 2016 is the Headmaster of school, whereas, the other petitioners in CRLMC No. 2703 of 2016 are the teacher and the other staff of the school in question except petitioner No.5, who is an outsider. Since the petitioners have been chargesheeted in G.R. Case No. 178 of 2015 with a common allegation, so therefore, the petitions have been clubbed together for disposal by the following order.

3. In fact, an F.I.R. was lodged by opposite party No.6 alleging therein about the incident dated 3rd, 4th and 6th August, 2015 during and in course of which the informant's deceased husband who was also the Headmaster of the said school was allegedly detained, abused and humiliated by the petitioners in the immediate presence of the students which is with regard to the occurrences dated 3rd & 4th August, 2015 accusing him of misappropriating the school fund. The details of the allegations so made by opposite party No.6, the wife of the deceased stand described in the F.I.R. as at Annnexure-2. It has been alleged therein by opposite party No.6 that after the aforesaid incidents, the deceased husband lost his mental balance and committed suicide due to the mental and physical torture he was subjected to in the hands of the petitioners. On receipt of such report, Barpali P.S. Case No. 179 dated 7th August, 2015 was registered and investigation was commenced which finally resulted in submission of the chargesheet under Sections 223, 294 & 306 read with 34 IPC. Later to the submission of the chargesheet the learned court below took cognizance of the alleged offences in connection with G.R. Case No. 178 of 2015 vide Annexure-1 and summoned the petitioners. The taking of cognizance of the offences by the learned court below and the entire criminal proceeding is currently under challenge by the petitioners predominantly on the ground that no prima facie case is proved and established against them and more particularly, the offence under Section 306 IPC allegedly for having abetted the commission of suicide by the deceased.

4. Heard Mr. Routray, learned counsel for the petitioners, Mr. Praharaj, learned counsel for the State-opposite Party Nos. 1 & 5 and Mr. Mohanty, learned counsel for opposite party No.6.

5. Mr. Routray, learned counsel for the petitioners submits that the petitioners are not responsible for the death of the deceased and in so far as the allegations in the F.I.R. i.e. Annexure-1 are concerned, it is based on hearsay evidence. Furthermore, it is submitted that the deceased was responsible for misappropriation of school fund as he did not handover the details of the charge and reconcile the financial irregularities, the fact which was intimated to the District Welfare Officer, Nabarangpur, who thereafter, instructed him to handover the charge and as such he was guilty of defalcation and misappropriation but unfortunately the local police failed to carry out investigation in a proper manner and ultimately chargesheeted them under the alleged offences including Section 306 IPC. It is claimed by the learned counsel for the petitioners that the deceased was directed to handover the charge between 31st July 2015 and 7th August, 2015 vide letter No. 1702 dated 29th July, 2015 of the District Welfare Officer, Nabarangpur as he had neither handed over any section wise charge list, the Utilization Certificates (U.C.) for the period of 2014-15 along with vouchers no mentioned the advance position in the original Cash Book etc. and in that connection, he had had been summoned but thereafter, for the reasons best known, he committed suicide as at