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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Harbhajan Sandhu – Appellant
Versus
State of Punjab & another – Respondents
CRM-M-34495-2021 (O&M)
Decided On : 23-02-2022
Abetment - Suicide - Section 306, 34 IPC - Summary of relevant acts and sections: Section 306 and 107 of the Indian Penal Code were referenced and discussed by the court. The court emphasized the need for a proximate and live link between the alleged instigation or illegal act and the subsequent suicide. It highlighted the importance of mens rea and the absence of a positive act of instigation or aiding in the commission of suicide. The court also emphasized the significance of the time gap between the alleged act and the suicide, as well as the hypersensitivity of the victim to ordinary discord and differences in domestic life.
Fact of the Case:
The deceased had initially been beaten up by a close relative of the petitioner, and subsequently committed suicide. The petitioner argued that there was no proximate and live link between the alleged threats and the suicide, and that the cause of death had not been established.
Finding of the Court:
The court found that there was no proximate and live link between the alleged threats and the suicide, and no evidence of any positive act of instigation or aiding in the commission of suicide. It also emphasized the hypersensitivity of the victim to ordinary discord and differences in domestic life.
Issues: The key issues were the establishment of a proximate and live link between the alleged threats and the suicide, the absence of mens rea and positive act of instigation, and the hypersensitivity of the victim to ordinary discord and differences in domestic life.
Ratio Decidendi: The court's decision was based on the lack of a proximate and live link between the alleged threats and the suicide, the absence of mens rea and positive act of instigation, and the hypersensitivity of the victim to ordinary discord and differences in domestic life.
Final Decision: The court quashed FIR No.62 dated 16.05.2019 (Annexure P-2) registered under Sections 306 and 34 IPC, along with all the subsequent proceedings arising therefrom, including the report under Section 173(8) Cr.P.C. (Annexure P-7), in favor of the petitioner.
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition is for quashing of FIR No.62 dated 16.05.2019 (Annexure P-2) registered under Sections 306 and 34 IPC along with all the subsequent proceedings arising therefrom, including the report under Section 173(8) Cr.P.C. (Annexure P-7).
The contents of FIR would read as under:-
Then I made telephone call to my daughter Dayal Kaur and my daughter Dayal Kaur and my son in law Birbal son of Tarsem Lal R/o Kangniwal came at the spot and my daughter Dayal Kaur went inside from the neighbouring house and opened the gate and I alongwith my daughter Dayal Kaur and Birbal went inside and saw that my son Manjit Lal alias Lucky had ended his life by hanging from the girder by tying bed-sheet around his neck. One suicide note was found in front of his chest in which it is written that my son Manjit Lal has committed suicide by hanging due to harassment of Harbhajan Sandhu who is residing in our neighborhood, his brother in law Bindri resident of Vill Jaitewali, his driver Jagjit Singh alias Jeeta who is residing in Mohalla Santokhpura Near Nimbu Wali Gali, Ashoka son of Jaswinder Lal Resident of Santokhpura and Sonu, Monu, sons of Dalwinder Lal who are my nephews. Legal action be taken against them. Sd/- English Jaswinder Lal. Attested Sd/- English Satwinder Singh SI PS Div No.8, Jalandhar dated 16.5.2019.
Action of Police: Today I SI was present in the Police Station, then one telephone call has been received that Manjit Lal @ Lucky s/o Jaswinder Lal Resident of Mohalla Santokhpura has committed suicide by hanging himself.
Action be taken. On this SI alongwith HG Pram Singh 1101.
HC Satnam Singh 1879, CT Bhupinder Kumar 1678 reached at the spot where in the present of father of the boy namely Jaswinder Lal and EX MC Rakesh Kumar Ward No.7, Bhogpur, the dead body was put down and Jaswinder Lal has handed over one suicide note before me, which was taken into police custody. Jaswinder Lal aforesaid has got recorded his statement before me and after hearing the statement and treating the same to be true signed underneath in English and I attested the same. From the statement, the offence under Section 306, 34 IPC has been found. After writing down of Ruqa, with a view to record the FIR, the same is hereby sent through CT Bhupinder Kumar No.1678 to the Police Station. After registration of FIR, number be informed Control Room be informed through wireless. After preparation of special reports, the same be sent before the officers. I am busy in investigation at the spot Sd/English PS Div No.8, JAL at 16.5.19. Today in the area of Santokhpura Mohalla Jalandhar AT Today in Police Station: After receiving of writing in the police station, after registering of FIR under the aforementioned provisions, the copy of writing alongwith copy of FIR is hereby sent through CT before ASI at the spot. After preparation of Special Reports, the same are hereby sent through CT Amit Kumar No.792 before Illaqa Magistrate. Officers and Control Room has been informed through wireless. Complete Rapat No.51 dated 16.5.19.”
2. As per the prosecution story, deceased-Manjit Lal @ Lucky son of Jaswinder Lal got registered an FIR No.31 dated 08.03.2019 (Annexure P-1), alleging that on 18.02.2019 at about 09.00 p.m., the brother-in-law of the petitioner, namely, Baljinder Kumar @ Bindri along with 6-7 other persons, had assaulted him. The occurrence took place when Bhajan Lal @ Harbhajan Sandhu was reversing his vehicle and Baljinder Kumar @ Bindri asked the deceased to mov
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