2018 Supreme(P&H) 1525

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
P.B. Bajanthri, J.
A.R. Madhav Rao and others – Petitioners
Versus
State of Haryana and another – Respondents
CRM M-33057 of 2011, 2068 of 2012 (O&M)
Decided On : 22-05-2018

IMPORTANT POINT
Abetment to Suicide – Suicide Note – Merely because a person who has committed suicide, has left a suicide note one cannot immediately jump to a conclusion that it is enough to punish the accused with criminal liability under Section 306 IPC
Abetment to Suicide – For the wrong decision taken by a coward, fool, idiot, a man of weak mentality, a man of frail mentality, another person cannot be blamed as having abetted his committing suicide.
Abetment to Suicide – If a lover commits suicide due to love failure, if a student commits suicide because of his poor performance in the examination, a client commits suicide because his case is dismissed, the lady, examiner, lawyer respectively cannot be held to have abetted the commission of suicide.

Headnote:(A) Indian Penal Code, 1860, S.306 – Abetment to Suicide – Suicide Note – Acquittal – Deceased was working in a company – He had approached lawyers (accused) for preparation of writ petition to be filed on behalf of company in response to notice from tax department – In suicide note deceased has alleged that he was compelled by accused to draft and sign such a petition which would be detrimental to company and consequently his family – Held, in the absence of any specific instigation by the accused to the extent that they advised or suggested or compelled the deceased to prepare draft and present the petition against the interest of company; accused cannot be directly blamed on basis of statement in suicide note – Accused acquitted.

       After filing of petition, deceased Iqbal Asif Khan is of the view that petitioners have compelled him to commit certain misdeeds in respect of presenting the petition in the Allahabad High Court. In this regard, he is stated to be under stress. Consequently, he had taken a decision to commit suicide. While doing so in the suicide note, he has mentioned petitioners' names to the extent that they are responsible for committing certain misdeeds in presenting the petition due to which there would be a financial loss to the Xerox India Limited and so also it would affect members of his family. Reading of the suicide note, deceased Iqbal Asif Khan has not specified what was the alleged misdeeds stated to have been committed by him while presenting the petition on the advise or suggestion or compelling to draft petition against the interest of the company in the Allahabad High Court, further to what extent each of the petitioners are liable so as to compel the deceased to commit particular mistakes or misdeeds in preparing and presenting the petition. In other words, suicide note states that petitioners are responsible which is very vague and that too in his absence it is impracticable to investigating officer to extract what was the real compulsion made by the petitioners while preparing and presenting the petition before the Allahabad High Court against the interest of the company. Even the investigating officer is not in a position to apprise this Court from the petition as well as affidavit which was presented before the Allahabad High Court to the extent that petitioners have misled the deceased whereby asking him to commit certain misdeeds due to compulsion. On the other hand, petition which was filed by the deceased Iqbal Asif Khan on behalf of Xerox India Limited was in favour of the Xerox India Limited. That apart, during the investigation, no cogent material has been collected or produced against the petitioners to the extent that petitioners have compelled the deceased Iqbal Asif Khan to commit certain misdeeds while preparing and presenting the petition before the Allahabad High Court. Even perusal of various court proceedings like Annexures P/5 and P-17/A to P-17/D, it is evident that orders were in favour of Xerox India Limited, therefore, question of any financial loss likely to cause to Xerox India Limited and further it would affect his family members are not forthcoming

       (B) Indian Penal Code, 1860, S.306 – Abetment to Suicide – Suicide Note – Merely because a person who has committed suicide, has left a suicide note one cannot immediately jump to a conclusion that it is enough to punish the accused with criminal liability under Section 306 IPC – Held; One has to analyse and examine the contents of the suicide note to find out whether it contains any incriminating information in the nature of instigation, provocation, forcing the victim to commit suicide. (Para 23)

       (C) Indian Penal Code, 1860 S.306 – Abetment to Suicide – For the wrong decision taken by a coward, fool, idiot, a man of weak mentality, a man of frail mentality, another person cannot be blamed as having abetted his committing suicide. (Para 25)

       (D) Indian Penal Code, 1860, S.306 – Abetment to Suicide – If a lover commits suicide due to love failure, if a student commits suicide because of his poor performance in the examination, a client commits suicide because his case is dismissed, the lady, examiner, lawyer respectively cannot be held to have abetted the commission of suicide. (Para 25)

       (E) Indian Penal Code, 1860, S.306 – Abetment to Suicide – The offence of abetment requires 'mens rea' (guilty mind) – There must be intentional doing/aiding or goading the commission of suicide by another – Otherwise, even a mere casual remark, something said in routine and usual conversation will be wrongly construed or misunderstood as 'abetment'. (Para 19)

       (F) Indian Penal Code, 1860, S.306 – Abetment to Suicide – The contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of Section 306 I.P.C. read with Section 107 I.P.C. – There may be a case where in the suicide note victim had named a person, who is responsible for his committing suicide, but, on proper analysis, Section 306 I.P.C. may not be attracted to him. (Para 24)

       (G) Indian Penal Code, 1860, S.306 – Abetment to Suicide – Essential Ingredients – The offence punishable is one of abetment of the commission of suicide by any person, predicating existence of a live link or nexus between the two, abetment being the propelling causative factor

       The basic ingredients of this provision are suicidal death and the abetment thereof. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. Any severance or absence of any of these constituents would militate against this indictment. Remoteness of the culpable acts or omissions rooted in the intention of the accused to actualize the suicide would fall short as well of the offence of abetment essential to attract the punitive mandate of Section 306 IPC. Contiguity, continuity, culpability and complicity of the indictable acts or omission are the concomitant indices of abetment. Section 306 IPC, thus criminalises the sustained incitement for suicide. (Para 12)