2019 Supreme(Telangana) 137

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
B. SIVA SANKARA RAO, J.
Koduri Bikshapathi & Others - Petitioner
Versus
State of Telangana, Rep. by its Public Prosecutor, Hyderabad & Another - Respondents
Criminal Petition No. 13918 of 2018
Decided On : 21-01-2019

Headnote:

Indian Penal Code,1860 - Sections 306 and 107 - Criminal Procedure Code,1973 - Section 482 - Abetment to suicide - Quash of proceedings -Malafide intention -De facto complainant taking advantage of suicidal death - Ingredients of offence attracts and First Information Report liable to be quashed - Held, De facto complainant statement during investigation reiterated same facts by saying accused instigated deceased thereby to commit suicide - Further stated that accused denied deceased and asked him if he want to die let die from which deceased felt mental pressure and committed suicide - Hospital record shows before death patient was unconscious allegedly consumed poisonous substance and death summary shows date of admission and time of death and got admitted in hospital as in-patient and treated and death intimation given to police - First Information Report of de facto complainant shows is accused were not showing accounts and not contributing to what deceased paid to customers for loss suffered in chit business, and there is a suicide note of deceased left saying accused are responsible for his death and their harassment resulted his death - Principle laid down in this regard in decision placed reliance of Sanju v. State of MP. (1) (2002) 5 SCC 371, holding that ingredients under Section 107 IPC to attract Section 306 IPC -Presence of mens rea is concomitant of instigation and even words uttered in a' quarrel or on spur of moment cannot be taken to be uttered with mens rea, to attract offence, for suicide was not proximate to quarrel, though deceased has named in suicide note - Thus, on facts there is no offence under Section 306 IPC - Therefore Criminal Petition allowed by quashing proceedings registered for offence punishable under Section 306 IPC - (Paras 5 to 9)

Facts of the Case:

Petitioners are A1 to A4 of Crime No.503 of 2018 of Mills Colony Police Station, Warangal, registered for offence punishable under Section 306 IPC which is outcome of report of second respondent de facto complainant dated 14.12.2018 to the Station House Officer, Mills Colony Police Station, Warangal, which reads that his father Rajeshwar Rao along with Koduri Bikshapathi, Bathini Madhusudan, Palle Mallesham and Gudu Vivekanand did a private chit finance business at Hunter road, Warangal, eight years back with partnership and his father Rajeshwar Rao died in the year 2017. Thereafter, the said persons colluded inter se and not paid the amount to the chit members stating that chit fund company is in loss. The de facto complainant and his father demanded many a time to show the accounts but the accused never disclosed the accounts during the lifetime of his father, who has to repay three crores to the members by arranging funds by sale of his properties and the above four accused persons did not respond to the contribution and they used to threaten his father. Fifteen days back he - de facto complainant along with his father and their relative M.Bhaskar went to Koduru Bikshapathi, where other accused among A1 to A4, requested to show the accounts of the chit fund business, they responded negligently saying they will not disclose the accounts even when his father stated if they fail to do so, he would commit suicide, in response saying they would not bother even if he commit suicide and there from he felt mental agony and the complainant along with his relative requested the accused to come over to their house and they came on 05.12.2018, they picked up quarrel with his father by reiterating they would not bother even if he commits suicide and left their house. It is on that day at about 03.30 p.m., their father found in unconscious state in the office, immediately they shifted to Samraksha hospital, Warangal, and therefrom to Yashoda hospital, Secunderabad, while undergoing treatment, he breathed the last on the date of report at 05.00 a.m. and there are 50 pesticide poison bottles and because of the harassment by accused, the deceased committed suicide by leaving a suicide note written by mentioning as the accused are responsible for his suicide.

Findings of the case:

De facto complainant statement during investigation reiterated same facts by saying accused instigated deceased thereby to commit suicide - Further stated that accused denied deceased and asked him if he want to die let die from which deceased felt mental pressure and committed suicide - Hospital record shows before death patient was unconscious allegedly consumed poisonous substance and death summary shows date of admission and time of death and got admitted in hospital as in-patient and treated and death intimation given to police - First Information Report of de facto complainant shows is accused were not showing accounts and not contributing to what deceased paid to customers for loss suffered in chit business, and there is a suicide note of deceased left saying accused are responsible for his death and their harassment resulted his death - Principle laid down in this regard in decision placed reliance of Sanju v. State of MP. (1) (2002) 5 SCC 371, holding that ingredients under Section 107 IPC to attract Section 306 IPC -Presence of mens rea is concomitant of instigation and even words uttered in a' quarrel or on spur of moment cannot be taken to be uttered with mens rea, to attract offence, for suicide was not proximate to quarrel, though deceased has named in suicide note - Thus, on facts there is no offence under Section 306 IPC.

Result : Criminal Petition allowed by quashing proceedings registered for offence punishable under Section 306 IPC