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2006(2) JLJ 296
S.C. Vyas, J.
Madiya @ Mahadev v. State of M.P.
Criminal Revision No. 1050 of 2005: against the
judgment of Additional Sessions Judge. Manawar, Dhar,
passed in Sessions Trial No. 130 of 2005;
Decided on 5.1.2006
The case of the prosecution was that on 21.2.2005 when Basantibai d/o Bhangda Bhil, aged about 16 years, of village Piplaj was attending natural call in the forest, then petitioner came there and caught hold of the girl with intend to outrage her modesty and tried to snatch her towards nala. The said Basantibai was opposing the act of the petitioner. At that time Surbai w/o Mohan Bhil aged about 20 years, and younger sister of Basantibai, Ramubai d/o Bhangda Bhil, aged 11-12 years. who were also attending natural call had witnessed the incident. Both of them pelted stones on petitioner and thereafter petitioner left Basantbai and ran away from the place of incident. The incident was narrated by the said eye-witnesses to the parents of Basantibai. Basantibai also came to know that the witnesses have informed her parents regarding the incident. She felt very much ashamed because of the incident and feeling herself defamed, ultimately she committed suicide by hanging with the help of a rope. [Para 2
Held: As section 306 of Indian Penal Code makes abetment of commission of suicide punishable, therefore, making liable for an offence punishable under section 306, Indian Penal Code it is a duty of the prosecution to establish that such person has abated the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under section 107 of the Indian Penal Code and, therefore, it is necessary to prove that the said accused has instigated the person to commit suicide or must have engaged with one or more other person in any conspiracy for seeing that the deceased commits suicide or he must intentionally aids by any act or illegal omission, of the commission of suicide by the deceased. [Para 7
It appears that the girl was in great stress and depression and was feeling ashamed as the story of the incident was narrated by her younger sister and other girl to her parents. If the deceased Basantibai was thinking commission of suicide because of the act of the accused then she could have done so on the date of incident i.e., 21.2.2005. The period of two days which elapsed between two incidents shows that, it was not the act of the accused petitioner which instigated her to commit suicide, but it was defamation and feeling of shame which ultimately became the cause of commission of suicide. [Para 8
naM lafgrk] 1860 && /kkjk 306 rFkk 107 && vkRegR;k dk nq‘izsj.k && /kkjk 107 ds ?kVdksa dh tk¡p dh pkfg, && vfHk;kstu }kjk bu rhu esa ls dksbZ ,d lkfcr fd;k tkuk pkfg, && vfHk;qDr us yM+dh ds ‘khy Hkax dk iz;kl nks fnu iwoZ fd;k && mlds }kjk nks fnu chr tkus ds i‘pkr~ yM+dh dks vkRegR;k djus ds fy, mdlk, tkus dh dYiuk ugha dh tk ldrhA
vfHk;kstu dk i{kdFku ;g Fkk fd 21-2-2005 dks tc fiiykt xzke dh clarhckbZ iq=h HkkaxM+k Hkhy] vk;q yxHkx 16 o"kZ] taxy esa ‘kkSp ds fy, xbZ Fkh] rc ;kph ogk¡ vk;k vkSj mlds ‘khy Hkax ds vk‘k; ls mlus yM+dh dks idM+ fy;k] mls ukys dh vksj >iV ys tkus dk iz;kl fd;kA clarhckbZ ;kph ds dk;Z dk fojks/k dj jgh FkhA ml le; jkewckbZ iRuh eskgu Hkhy] vk;q yxHkx 20 o"kZ rFkk clarhckbZ dh NksVh cgu jkewckbZ iq=h HkkaxMk Hkhy] vk;q 11&12 o"kZ Hkh ‘kkSp ds fy, xbZ Fkha] mUgksaus ?kVuk ns[kh FkhA mu nksuksa us ;kph ij iRFkj QSads vkSj rRi‘pkr~ ;kph us clarhckbZ dks NksM+ nh vkSj ?kVuk LFky ls Hkkx x;kA ?kVuk dk o.kZu mDr izR;{kn‘khZ lkf{k;ksa us ?kVuk ds ckjs esa mlds ekrk&firk dks lwpuk ns nh gSA ?kVuk ds dkj.k mlus cgqr vf/kd yTtk vuqHko dh vkSj Lo;a dh vidhfrZ gksus dk vuqHko dj varrksxRok mlus jLlh ls yVd dj vkRegR;k dj yhA ¿ iSjk 2À
vfHkfu/kkZfjr % D;kasfd Hkkjrh; naM lafgrk dh /kkjk 306 }kjk vkRegR;k djus dk nq‘iszj.k naMuh; cuk;k x;k gS] blfy,] Hkkjrh; naM lafgrk dh /kkjk 306 ds v/khu naMuh; vijk/k ds fy, nk;h cuk, tkus ds fy, vfHk;kstu dk ;g LFkkfir djus dk drZO; gS fd ,sls O;fDr us vkRegR;k djus dk nq‘iszj.k fd;k gS vkSj vfHk;qDr dk dk;Z vo/kkfjr fd, tkus ds iz;kstu ds fy, ;g ns[kk tkuk vko‘;d gS fd ;g dk;Z Hkkjrh; naM lafgrk dh /kkjk 107 ds v/khu izxf.kr 3 izoxksa es ls fdlh ds varxZr vkrk gS vkSj blfy, ;g lkfcr fd;k tkuk vko‘;d gS fd mDr vfHk;qDr us ml O;fDr dks vkRegR;k djus ds fy, mdlk;k gS vFkok vko‘;d :i ls ;g izca/k djus ds fy, fd e`rd vkRegR;k dj ys] fdlh "kM;a= esa ,d ;k vf/kd vU; O;fDr ;k O;fDr;ksa ds lkFk lfEefyr gqvk gS vFkok e`rd }kjk vkRegR;k fd, tkus esa vko‘;d :i ls fdlh dk;Z ;k voS/k yksi }kjk lgk;rk dh gSA ¿ iSjk 2À
;g izrhr gksrk gS fd og yM+dh vf/kd ruko vkSj volkn esa Fkh vkSj yfTtr vuqHko dj jgh Fkh D;kasfd mldh NksVh cgu vkSj ,d vU; yM+dh us ml ?kVuk dk o.kZu mlds ekrk&firk ls dj fn;k FkkA ;fn clarhckbZ] vfHk;qDr ds dk;Z ds dkj.k vkRegR;k djus dh lksp jgh Fkh rc og oSlk ?kVuk ds fnu vFkkZr~ 21-2-2005 dks dj ldrh FkhA nks ?kVuk ds chp O;ixr nks fnu dh vof/k ls nf‘kZr gksrk gS fd ;g vfHk;qDr ;kph dk dk;Z ugha Fkk ftlus mls vkRegR;k ds fy, mdlkbZ fdarq ;g vidhfrZ vkSj yTtk dk vuqHko Fkk tks varr% vkRegR;k djus dk dkj.k cukA ¿ iSjk 8À
1. This revision petition under sections 397 and 40 I of the Code of Criminal Procedure is directed against the order dated 17.10.2005 in Sessions Trial No. 130/2005 passed by Additional Sessions Judge, Manawar, District Dhar, whereby trial Court had directed framing of charges against the petitioner under section 306 of the Indian Penal Code.
2. As per the final report submitted by Police, Manawar'. District Dhar before the learned lower Court, the case of the prosecution was that on 21.2.2005 when Basantibai d/o Bhangda Bhil aged about 16 years. of village Piplaj was attending natural call in the forest, then petitioner came there and caught hold of the girl with intend to outrage her modesty and tried to snatch her towards nala. The said Basantibai was opposing the act of the petitioner. At that time Surbai w/o Mohan Bhil, aged about 20 years, and younger sister of Basantibai. Ramabai d/o Bhangda Bhil, aged 11-12 years, who were also attending natural call had witnessed the incident. Both of them pelted stones on petitioner and thereafter petitioner left Basantbai and ran away from the place of incident. The incident was narrated by the said eye-witnesses to the parents of Basantibai. Basantibai also came to know that the witnesses have informed her parents regarding the incident. She felt very much ashamed because of the incident and feeling herself defamed. ultimately she committed suicide by hanging with the help of a rope. The matter was reported to the police and merg No. 17/05 was registered. On enquiry the offences punishable under section 354, 306 of Indian Penal Code were registered against the petitioner and he was arrested. After completing the investigation charge-sheet was filed before the JMFC, Manawar' who committed the case for trial to the Court' of Sessions.
3. At the time of framing of charge a submission was made on behalf of the petitioner accused that considering the entire circumstances and the evidence available in the case offence under section 306 of Indian Penal Code is not made out against the petitioner even prima facie and. therefore, a prayer for discharge was made. Learned trial Court considered the arguments advanced by learned counsel for the petitioner and ultimately held that prima facie offence punishable under section 306 of Indian Penal Code is also made out along with the offence punishable under section 354 of Indian Penal Code, therefore, charges were framed against the accused petitioner. Feeling aggrieved by this order present revision petition has been filed.
4. Learned counsel for the petitioner Shri Mukesh Sinjoniya submitted that if the entire story of the prosecution is believed even then the necessary ingredients of the offence punishable under section 306 of Indian Penal Code are totally missing in this case. He has submitted that for establishing an offence punishable under section 306 of Indian Penal Code, act of abetment as defined under section 107 of the Indian Penal Code is required to be established. He has further submitted that two days prior to the alleged suicide by the deceased Basantibai the alleged act of misbehaviour by catching hand of deceased Basantibai and trying to outrage her modesty was committed by the accused. On these facts at the most prima facie offence under section 354 can be said to have been committed by the accused petitioner but by no stretch of imagination it can be said that the act of accused petitioner was to instigate the deceased Basanti to commit suicide, therefore, Shri Sinjoniya Advocate prayed that the order passed by learned Sessions Judge is not sustainable in the eye of law and is required , to be quashed so far at it relates to the offence punishable under section 306 of the Indian Penal Code is concerned.
5. Learned Panel lawyer Shri Joshi appearing for the State submitted that prima facie there is sufficient material available on record to hold accused petitioner has committed an offence punishable under section 306, Indian
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