The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.

JUDGMENT :

VIKAS BAHL, J.

1. Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.253 dated 03.11.2020 registered under Section 306 of the Indian Penal Code, 1860 (hereinafter to be referred as “the IPC”) at Police Station City Batala, Police District Batala, District Gurdaspur. FIR, in the present case, has been registered on the statement of Preet wife of Arun Kumar @ Nannu and the said Arun Kumar @ Nannu is stated to have committed suicide on 02.11.2020 at about 4.45 pm and as per allegations in the FIR, the said Preet-complainant had submitted that she suspected that her husband had consumed some poisonous substance because he was upset with the petitioner, who had been threatening to kill the family of deceased by calling up from his mobile No. i.e. 7504300059 and on account of the said calls, the deceased was very upset for the last 1-2 days preceding the date of complaint and thus, had committed suicide.

2. Learned counsel for the petitioner has submitted that in the present case, FIR has been registered merely on the basis of suspicion and there is no prima facie material to connect the petitioner with the suicide of the deceased. It is further argued that neither there is any suicide note nor any dying declaration. It is also argued that the deceased had not made any complaint against the petitioner for any such alleged threat. Even the details of the threat have not been mentioned. It is also stated that in fact, SP(D), Batala and DSP City, Batala had conducted enquiry into the said FIR and found that the petitioner has no role to play. It is further argued that mobile number mentioned in the FIR i.e.7504300059 does not even belong to the petitioner. It is also submitted that even in case, the allegations in the FIR are taken on its face value, then also, they would not constitute the offence under Section 306 of the IPC as the ingredients of abetment as laid down in Section 107 of IPC are not attracted and thus, the offence of abetment is not made out against the present petitioner.

Notice of motion.

3. On advance notice, Mr. Sukhbeer Singh, AAG, Punjab, appears and accepts notice on behalf of the State and has submitted that he is fully prepared to argue the matter and assist this Court. He has opposed the present petition for grant of anticipatory bail to the petitioner and has submitted, on instructions from ASI Manjinder Singh, that although, SP(D), Batala and DSP City, Batala had held enquiry in favour of the petitioner but the same is still pending before the SSP, Batala.

4. This Court has heard the learned counsel for the parties and perused the paper book.

5. A Coordinate Bench of this Court in State of Punjab Vs. Kamaljit Kaur @ Bholi and another, reported as 2008(2) RCR (Criminal) 562, had observed as under:-

“1. The present revision petition is directed by the State against the discharge of Kamaljit Kaur alias Bholi and Surinder Kumar alias Kala, accused. They were facing trial in case FIR No. 108 dated 31-12-1994 registered at Police Station Nawanshahr under Section 306, IPC. It is stated that Paramjit Singh son of Darshan Singh Hira and his son Amritpal alias Lovely committed suicide and left a suicide note to the effect that his wife Kamaljit Kaur alias Bholi is a woman of bad character. He is fed up with her. Therefore, he along with his son Lovely Amritpal Singh is committing suicide. It is further stated that his wife has illicit relations with three persons namely, Palli of Commando Force, Ludhiana, Kala residing opposite to their house and Ujjal Singh, her real uncle. In the suicide note, he has expressed that in these black days, such bad women are living in the Society. It is further stated that his wife Bholi is a lady of loose character. It is further stated that since Palli has come as a tenant in the house, Bholi has become lady of loose character. It is further stated that Kala had noticed Bholi in objectionable manner with Kala. He wanted in suicide note tha