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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Naresh Kapoor - Petitioner
Versus
State of Punjab - Respondents
C.R.R. No. 300 of 2020
Decided On : 25-04-2024
Abetment - Suicide - IPC Sections 305, 306 - The court discussed the definitions and requirements for abetment under IPC, emphasizing the necessity of a direct link between the accused's actions and the suicide, ultimately finding no such link in this case.
Fact of the Case:
The petitioner faced charges under Section 305 IPC after a student committed suicide, allegedly due to harassment by the petitioner, a teacher. The suicide note indicated fear and distress caused by the petitioner, leading to the charge.
Finding of the Court:
The court found that the allegations did not establish the necessary elements of abetment under IPC. The interactions between the petitioner and the deceased were minimal, and the suicide note lacked specific incidents of harassment.
Issues: Whether the petitioner can be charged with abetment of suicide under Section 305 IPC based on the allegations and the suicide note.
Ratio Decidendi: The court held that mere allegations of harassment without a direct link to the suicide do not constitute abetment. The absence of mens rea and specific acts leading to the suicide were critical in the decision.
Result: The charges against the petitioner were set aside, and he was discharged.
JUDGMENT :
Jasjit Singh Bedi, J.
The present revision petition is being preferred against the order dated 16.08.2019 passed by the Additional Sessions Judge, Jalandhar and the charge-sheet dated 16.08.2019 whereby a charge for the offence punishable under Section 305 IPC has been framed against the petitioner.
2. The brief facts of the case as emanating from the pleadings are that FIR No. 34 dated 06.02.2019 came to be registered at Police Station Rama Mandi, District Jalandhar for the offence punishable under Section 306 IPC. The FIR was registered at the instance of one Rajesh Kumar Mehta who alleged that on the night intervening 05/06.02.2019, his adopted daughter, namely, Tanvi Mehta who was a student of KMV Secondary School, Pathankot Road, Jalandhar, had committed suicide at their house by hanging herself on the ceiling fan. It was alleged that as per the suicide note recovered from the person of the deceased, the extreme steps to commit suicide had been taken on account of the harassment meted-out to the deceased by the petitioner-Naresh Kapoor who was her Mathematics Teacher in school. The copy of the FIR is attached as Annexure P-1 to the present petition.
3. During the course of investigation, a suicide note came to be recovered purportedly authored by the deceased. The translated version of the same is attached as Annexure P-4/P-9 to the petition and is reproduced hereinbelow:-
Mumma and Papa,
I am not committing this suicide with my own will. There is a big reason behind it, that is my sir in school ‘Naresh Kapoor’. Mumma, he always used to speak something or the other to me. Whenever I used to go to school, he would only call me out. You may ask my friends. He used to vent the anger of others on me. He had kept all the students of his class under fear. Mumma, I did not used to go to school due to his fear. You used to ask me as to why I was not having interest in studies. You tell me, what could I have told to you. I used to get perturbed on seeing him and thinking about his talks. If any student used to take something in his class, he used to print his palm on his face. Mumma, I cleared so many classes and came to class 10th and on coming to this class, I got bewildered by thinking about his acts/talks. Mumma, I am frightened by that Sir. Due to him, I wept a lot in the school. You may ask my friends. I am unable to see any other way except to commit suicide. You must be feeling that I have taken a very wrong path, my decision can be wrong but the fear of my heart cannot be false and wrong.
I hate Naresh Sir !!!
Mumma you please do not cry after my going, okay I will always remain in your heart. You take care of yourself and father. Papa ji, now nobody would waste your money, nobody would harass you to purchase this thing or that thing. I had a wish before dying, that is to have Activa and new phone. No problem, I did not get both these things. Tell Kavya that didi loves you very much.
Mumma please you and papa both get awarded punishment to Naresh Kapoor. He compelled me to die. Please do not spare him, he should get punished for his mistake. Only then my soul would rest in peace.
That’s all, I do not want to say anything more. I would only say that I love you Mumma and papa.
Tanvi Mehta Daughter of
Mr. Rajesh Mehta.
I quit
Byeeeee
Good bye everyone …….”
4. The petitioner came to be arrested and was released on regular bail vide order dated 05.04.2019, which is attached as Annexure P-2 to the petition.
5. Upon noticing that the deceased was a minor aged about 15-16 years, the investigating agency deleted the offence punishable under Section 306 IPC and invoked Section 305 IPC instead. The final report under Section 173 Cr.P.C. was presented before the Trial Court under Section 305 IPC. The translated copy of the same is attached as Annexure P-3 to the petition.
6. Pursuant thereto, the charges were framed vide order dated 16.08.2019. The impugned order and the impugned charge-sheet are under challenge in the present
Disciplinary actions by teachers do not constitute abetment of suicide without evidence of intention to instigate, lacking mens rea necessary for charges under Section 305 IPC.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
‘Spare the rod and spoil child’ an old saying may have lost its relevance in present days and Corporal punishment to child is not recognised by law but that does not mean that a teacher or school aut....
Section 306 of IPC which reads as abetment of suicide.
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....
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.
(1) Abetment of suicide – Act of death must be committed by deceased himself, irrespective of means adopted by him in achieving object of killing himself.(2) Disciplinary measures adopted by a teache....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The court established that mere allegations of humiliation without concrete evidence do not suffice to constitute abetment of suicide under Section 306 of the IPC; instigation or intentional aid must....
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.
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