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IN THE HIGH COURT OF PUNJAB AND HARYANA
JASJIT SINGH BEDI, J.
Sunil Chauhan - Appellant
Versus
State of Haryana - Respondent
CRM-M No. 62885 of 2023
Decided On : 02-09-2024
JUDGMENT :
Mr. Jasjit Singh Bedi, J.:- This order shall dispose of two petitions bearing No.CRM-M 62885-2023 titled as Sunil Chauhan Versus State of Haryana & another and CRM-M-583-2024 titled as Mubin Khan Versus State of Haryana & another as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRM-M-62885-2023.
2. The prayer in the present petitions under Section 482 Cr.P.C. is for quashing of FIR No.357 dated 15.07.2023 (Annexure P-1) registered under Sections 306 and 34 IPC at Police Station Adarsh Nagar, District Faridabad and all subsequent proceedings arising therefrom.
3. The aforementioned FIR was got registered at the instance of the complainant-Shiv Kumar (respondent No.2) son of Chandrapal with the allegations that he and his brother Kehri Singh (deceased) were doing the work of building construction in the house of Sunil Chauhan (petitioner in CRM-M-62885-2023). He refused to make payment to them stating that the payments would be made only when the construction work was completed. Rs.4,00,000/- was due to them (complainant party) for the work done. Sunil Chauhan had introduced them (complainant party) to his friend Narendra Kumar Sharma who provided them (complainant party) construction work at a college for which half of the money received by them (complainant party) was taken by Narendra Kumar Sharma in cash as commission. Narendra Kumar Sharma had also borrowed Rs.6,73,000/- lakhs from his brother Kehri Singh. When this money was demanded back, Narendra Kumar Sharma refused to give it and threatened to initiate legal proceedings against his brother Kehri Singh. They (complainant party) had also done tiling work for Narendra Kumar Sharma for an amount of Rs.4,00,000/- which remained unpaid. Mubin Khan (petitioner in CRM-M-583-2024) who was also working in the college owed Rs.93,152/- to his brother which he had denied to pay. Thus, Narendra Kumar Sharma, Sunil Chauhan and Mubin Khan by not making payments to his brother had mentally harassed him and had compelled him to commit suicide. On 14.07.2023 his brother went to the house of Sunil Chauhan where construction work was going on earlier and committed suicide by hanging due to the said three persons.
The copy of the FIR is attached as Annexure P-1 to the petition.
4. As per the postmortem, the cause of death was stated to be asphyxia due to hanging.
5. The supplementary statement of the complainant was recorded to the effect that the three above named persons had harassed his brother as they were not paying him his dues because of which he was forced to commit suicide. A suicide note which had been found written in a diary was being produced which had been written by the deceased. The translated version of the suicide note is reproduced hereinbelow:
(on first page): I, Kehri Singh s/o Chander Pal Singh have committed suicide and there are 3 persons who compelled me to commit suicide namely 1) Narendra Kumar Sharma, Address. Sector 06, plot no. 26, SRS city Palwal (STO Civil THSTI) 2) Sunil Chauhan, Address. Aurangabad Mitrol, Palwal 3) Mubin Khan contractor. Said persons have not only usurped my money but they have also compelled me to die.
(on second page):and Narendra Kumar has grabbed my money. I lent him money and entire money was given in cash. ¹ Now, my amount of 6,73,000 is lying outstanding against Narendra Kumar whereas amount of about 4,00,000 is lying outstanding against Sunil Chauhan and amount of about 2,75,000 is lying outstanding against Mubin Khan (signature Kehri Singh). If said persons give money, it would be good but if they do not give money, then it would also be good.
6. A video recording was also recovered as per which the deceased was heard stating that he was going to commit suicide on account of non payment of dues by the three named accused.
7. On conclusion of the investigation, the report under Section 173(2) Cr.P.C. was submitted against Sunil Chauhan, Suresh Chauhan and
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
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.
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.
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.
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 a charge under Section 306 IPC, clear evidence of instigation or aiding in suicide is required; mere allegations of harassment are insufficient.
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