The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.

JUDGMENT

Vikas Bahl, J. (Oral). - This is the first petition under Section 439 of Cr.P.C. for grant of regular bail in FIR No.36 dated 20.01.2021, under Section 306 IPC, registered at Police Station Narnaund, District Hisar.

2. Learned counsel for the petitioner has submitted that the petitioner is a 73 year old person and has been falsely implicated in the present FIR on the basis of the statement of daughter-in-law of the deceased-Rajender, namely, Santosh, which has been made only in order to usurp the land of the petitioner. It is submitted that the said Rajender, father-in-law of the complainant, had died on 17.05.2017 and at that time no complaint was filed before any authority and no postmortem was also conducted on the said deceased. The present FIR has been registered on 20.01.2021 after a delay of 31/2 years. It is submitted that in fact the present petitioner as well as the deceased, who are brothers, have jointly filed a suit for partition in the year 2012 and another civil suit was even filed by the petitioner restraining the deceased from interfering in the peaceful possession of the petitioner and the same was decreed on 17.10.2013 and the appeal therefrom was also dismissed. It is argued that a perusal of the FIR would show that it has been alleged that some sale deed has been got executed from the deceased under the influence of liquor and it has further been alleged that the land closer to the road has been taken by the petitioner. In this regard, it is submitted that qua the same land, civil suit of the petitioner has been decreed in his favour and even if the said allegations are taken to be true, then also they would still not constitute an offence punishable under Section 306 IPC as the petitioner has not instigated the deceased to commit suicide. It is further stated that the FIR has been registered apparently by the daughter-in-law in order to grab the property of the present petitioner. It is also submitted that the petitioner is not involved in any other case.

3. Learned State counsel on the other hand has opposed the present bail petition for regular bail and has submitted that although the death had taken place on 17.05.2017, but the complainant had moved a complaint on 08.09.2017 after she had found the suicide note and after the suicide note was verified, the present FIR has been registered. It is further submitted that from the FSL report it has come out that the suicide note is in the handwriting of the deceased and it is thereafter, the petitioner was arrested on 27.11.2021.

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

5. A Co-ordinate Bench of this Court in case titled as State of Punjab Vs. Kamaljit Kaur alias Bholi and another, reported as 2008 (2) R.C.R. (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