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High Court Of Madhya Pradesh
R. P. AWASTHY
VEDPRAKASH BHAIJI - Appellant
Versus
STATE OF M.P. - Respondents
Criminal Revision 612 Of 1993
Decided On : 04/23/1994
ABETMENT OF SUICIDE - S. 306 IPC - S. 113-A EVIDENCE ACT - INTERPRETATION AND APPLICATION - NO ABETMENT BY CONSPIRACY OR AID - NO INTENTION TO CAUSE SUICIDE - SUICIDE AS AN ESCAPIST ACT - NO LEGAL BASIS FOR CHARGES UNDER S. 306 IPC.
Fact of the Case:
The deceased, Ramesh Kumar Sadholia, committed suicide after being allegedly harassed and threatened by the accused for repayment of a loan. The accused were charged with abetment of suicide under S. 306 read with S. 34 of the IPC.
Finding of the Court:
The court found that the accused did not intend to cause the deceased to commit suicide and that their actions did not amount to abetment by conspiracy or aid. The court also held that the deceased had other options available to him, such as lodging a police complaint, and that his suicide was an escapist act.
Issues: Whether the accused could be held liable for abetment of suicide under S. 306 IPC.
Ratio Decidendi: The court held that abetment requires a positive step to be taken by a person to induce the commission of the abetted offence. In this case, the accused did not take any such step and did not intend to cause the deceased to commit suicide. The court also held that the deceased had other options available to him, such as lodging a police complaint, and that his suicide was an escapist act.
Final Decision: The court quashed the charges against the accused under S. 306 IPC.
( 1 ) IT is a petition filed under Ss. 397 and 401 read with S. 482, Cr. P. C. against the order dated 9-9-93 passed in Sessions Trial No, 134/93, by Shri R. B. Singh, Third Additional Judge to the Court of Sessions Judge, Sagar, by virtue of which order charges under S. 306 read with S. 34 of the IPC have been framed against the accused who are petitioners in Criminal Revision No. 597/93, Criminal Revision No. 612/93 and Criminal Revision No. 4186/93. As all of the three cases relate to one and single order passed by the learned AJ to SJ Sagar and in all of the said three cases, similar questions of law and facts are involved, all of the said three cases are being disposed of by this single order.
( 2 ) THE facts of the case are as follows :-according to the prosecution Vedprakash Bhaiji (petitioner in Criminal Revision No. 612/93), Prakash Chand and Vinod Kumar (petition ers in Criminal Revision No. 597/93) and Mahesh Vaidhya (Petitioner in Misc. Cr. Case No. 4186/93) as well as Rajesh Godre had advanced loan, amounting to Rs. 65,000. 00 to Ramesh Kumar Sadholia. Thereafter, Ramesh Kumar Sadholia paid Rs. 65,000/- to Rajesh Godre.
( 3 ) ONE day prior to the said incident i. e. on 1- 2-93 in the noon Vinod Kumar and his father Prakash Chand Taddaiya came to the shop of Ramesh Kumar Sadholia and both of them filthily abused him and demanded that Ramesh Kumar Sadholia should repay 30,000/- to them otherwise they would kill him.
( 4 ) THEREAFTER, in the night of the said date, i. e. , 1-2-93 itself Vinod Kumar Taddaiya, Mahesh Vaidhya and Vedprakash Bhaiji came to the shop of Ramesh Kumar Sadholia and demanded repay ment of the loan advanced by them. Thereupon, Ramesh Kumar Sadholia told them that he had given the said amount to Rajesh Godre from whom he would get the said amount repaid to all of the said three persons.
( 5 ) THEREAFTER, the said 3 accused and Ramesh Sadholia (since deceased) went to Rajesh Godre. However, when Ramesh Sadholia demanded the amount from Rajesh Godre, the latter started abusing Ramesh Sadholia and made an assault on him. Rajesh Godre told Ramesh Sadholia that at that time he had no amount for being paid to Ramesh Sadholia and whenever he would be having the said amount, he would pay it to Ramesh Sadholia (since deceased ). Thereafter, all of the said 4 persons Rajesh Godre, Vinod Kumar Taddaiya, Mahesh Vaidhya and Vedprakash Bhaiji started abusing Ramesh Kumar sadholia and they obtained, under objection, signatures of Ramesh Kumar Sadholia on blank papers as well as on a cheque. They threatened Ramesh Sadholia that if the amount of loan is not repaid by the next day, they would usurp the shop and the house of Ramesh Kumar Sadholia and would kill him. ( 6 ) WHEN on returning home Ramesh Kumar Sadholia narrated the said incident in the said night itself to his wife. She (his wife Smt. Pusplata) advised him to lodge a report at police station. On the next date viz. on 2-2-93 when Ramesh Kumar Sadholia was proceeding from his house in. the morning, he told his wife that he was going to lodge a report at police station, However, at about 1 P. M. she received an information that Ramesh Kumar Sadholia had fallen sick and was vomiting repeatedly, Smt. Pusplata went along with her relatives to the shop of Ramesh Kumar Sadholia from where he was shifted to Tili hospital Sagar. There medical treatment was given to Ramesh Kumar Sadholia but he died on account of having consumed selphas tablet.
( 7 ) RAMESH Kumar Sadholia had written a suicide note also in which he had blamed all of the 5 accused viz Prakash Chand Taddaiya, Vinod Kumar Taddaiya, Vedprakash Bhaiji and Mahesh Vaidhya as well as Rajesh Godre, for his death and has mentioned in the said suicide note that only these persons were responsible for his (sui cidal) death.
( 8 ) A report was lodged by Smt. Pushplata on the basis of which an offence punishable under S. 306 read with S, 34 of the IPC was registered against the accused peti
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