The lack of evidence to establish abetment to commit suicide based on the contents of the suicide note.

ORDER : – The present petition under section 482 Cr.P.C. has been filed by the petitioner herein and the allegation against him is one of abetment to commit suicide by the deceased. Looking at the nature of the case, the name of the deceased is not being referred to by name in this order.

2. The deceased is a married lady, aged about 44 years. She was a tenant in the house of the petitioner. Learned counsel for the petitioner has submitted that but for the suicide note left behind by the deceased, there is no other evidence in this case implicating the petitioner herein.

3. Learned counsels for the State and the objector have opposed the petition for quashing of criminal proceedings against the petitioner on the ground that there is a strong prima facie case against the petitioner and that the suicide note by itself is self-explanatory laying down the role of the petitioner and how he was the cause for the deceased committing suicide. The suicide note is brief. In the said suicide note she has asked to forgive her from her husband for being in an illicit relation with the petitioner. She further says that because of her mistake, she is committing suicide and that there was no point in informing the parents of the petitioner about the philandering ways of the petitioner as they would only support him and that they have contacts with the police. The suicide note further asked her husband not to spare the petitioner and that the petitioner is a man of convoluted character who considers women as toys. She further says that she mistook the petitioner’s lust for love and thereby spoiled her own life. Thereafter, in the suicide note she names the petitioner herein and says that he is solely responsible for her death. She further says that no action should be taken against her husband or against the parents of the petitioner and lastly she says that his evil eyes are also on another tenant who stays above the room occupied by the deceased. The suicide note reflects that the deceased and the petitioner were in a relationship. The suicide note does not disclose that any kind of force or pressure or even a false promise of marriage was held out by the petitioner in order to establish sexual relationship with the deceased. In fact, the suicide note goes to reveal that perhaps during the course of the relationship, the deceased had developed affection for the petitioner which perhaps was not reciprocated in same measure. The suicide note also reflects that the deceased may have been annoyed upon the suspicion of the petitioner having a glad eye for another tenant living in the same premises.

4. What the suicide note does not disclose at all is that the petitioner had in any way incited or assisted the deceased to commit suicide. Under the circumstances, the ingredients of section 107, IPC does not stand satisfied only on the basis of reliance upon the suicide note and, therefore, a prima facie case is also not made out against the petitioner. To permit the trial to continue against the petitioner would be an abuse of process of law and subjecting him to unreasonable hardships.

5. Therefore, on the basis of what has been argued and considered herein above, the petition is allowed and the further proceedings in Sessions Trial No. 39/2017 pending before the Fifth Additional Sessions Judge, Katni, stands quashed.