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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Sushil Kumar @ Sushil Yadav – Appellant
Versus
State of Haryana and Another – Respondents
CRM-M No. 41891 of 2023
Decided On : 06-05-2024
Quashing - FIR under IPC - Sections 306, 34 - The court interpreted the provisions of abetment and suicide, emphasizing the necessity of a direct link between the accused's actions and the suicide, ultimately quashing the FIR due to lack of evidence.
Fact of the Case:
The petitioners were accused of abetting the suicide of Anil Kumar, who left a note naming them as responsible for his distress. The petitioners contended that their demands for loan repayment did not constitute abetment under IPC.
Finding of the Court:
The court found that the allegations did not establish a case of abetment as defined under IPC, noting that mere demands for repayment and being named in a suicide note were insufficient to prove intent to instigate suicide.
Issues: Whether the petitioners' actions constituted abetment of suicide under Sections 306 and 34 IPC.
Ratio Decidendi: For abetment under Section 306 IPC, there must be a clear intention to instigate or aid the suicide, which was not established in this case.
Result: The FIR and subsequent proceedings were quashed.
JUDGMENT :
JASJIT SINGH BEDI, J.
1. The prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No. 0166 dated 20.04.2022 registered under Sections 306 and 34 IPC, 1860 at Police Station City Rewari @ Rewari, District Rewari, Haryana, the report under Section 173 Cr.P.C. dated 04.03.2023 (Annexure P-5), the supplementary report under Section 173 Cr.P.C. dated 13.07.2023 (Annexure P-4) and all subsequent proceedings arising therefrom.
2. The brief facts of the case are that the FIR in question came to be registered at the instance of one Suresh Kumar, the brother of the deceased Anil Kumar with the allegations that Sunil Kumari wife Anil Kumar had called him stating that her husband had strangulated himself. When he (complainant) reached home, he found Anil Kumar hanging from the fan with a rope. Thereafter, they took him to the hospital where the doctor declared him dead. On being searched by a doctor, a suicide note was found with the names of Sushil Kumar @ Sushil Yadav (petitioner No. 1) and Naresh Kumar @ Naresh @ Nesi (petitioner No. 2). The copy of the FIR is attached as Annexure P-2 to the petition.
The translated version of the suicide note is attached as Annexure P-3 to the petition and the same reads as under:
3. On the same day, the supplementary statement of the complainant was recorded to the effect that he had fully satisfied himself that there were monetary transactions between his brother Anil Kumar (deceased) with the petitioners who were threatening and pressurizing him because of which his brother had committed suicide. The copy of the supplementary statement dated 20.04.2022 is attached as Annexure P-6 to the petition.
4. On similar lines, the statement of Sunil Kumari wife of the deceased Anil Kumar was recorded on 29.04.2022 under Section 161 Cr.P.C. wherein she stated that her husband would remain under-stress on account of the fact that the petitioners had been demanding their money from him. Even on the date of the occurrence, he was under mental stress and in her absence he committed suicide by hanging himself with a rope on a fan. The copy of the said statement is attached as Annexure P-7 to the petition.
5. The petitioners were arrested and suffered their separate disclosure statements stating that the deceased would avail loans from them which he repaid from time to time but lately, the loans availed by the deceased had not been repaid. They had been calling him repeatedly to return their money and would hurl abuses to mount pressure upon him which had led him to commit suicide and them being named in his suicide note. The copy of the said disclosure statements dated 19.06.2022 are attached as Annexures P-8 and P-9 to the petition.
6. Based on the investigation conducted, the first report under Section 173(2) Cr.P.C was submitted on 04.03.2023 and the copy of the said report is attached as Annexure P-5 to the petition. A supplementary challan under Section 173(8) Cr.P.C. was submitted on 13.07.2023 which is attached as Annexure P-4 to the petition.
7. The FIR, the reports under Sections 173(2) Cr.P.C. and 173(8) Cr.P.C. and all proceedings arsing therefrom are under challenge in this petition
8. The learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. There was nothing on record which would constitute the commission of an offence under Section 306 IPC as the ingredients of Section 107 IPC are completely lacking. For an offence under Section 306 IPC the prosecution should have, at the very least establish
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
The main legal point established in the judgment is the requirement of a proximate and live link between alleged instigation or illegal acts and the subsequent suicide, the absence of mens rea and po....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
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