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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SURENDER, J.
Katakam Nagarjuna @ Nani – Petitioner
Versus
Parimi Chiranjeevi and Another – Respondents
Criminal Petition No. 222 of 2019
Decided On : 18-11-2023
Criminal Petition - Quashing of proceedings - Sections 306, 498-A IPC - Summary of Acts and Sections: Section 306 IPC, Section 498-A IPC - The court discussed the legal provisions of abetment to suicide under Section 306 IPC and cruelty towards a woman under Section 498-A IPC. It emphasized the need for active instigation or positive action proximate to the time of occurrence to establish abetment under Section 306 IPC. The court also highlighted the distinction between the two offences and the evidential value of dying declarations.
Fact of the Case:
The petitioner seeks to quash the proceedings against him in a case where two girls committed suicide. The prosecution alleged that the petitioner and one of the deceased girls were in a relationship, but the deceased committed suicide due to the actions of another individual.
Finding of the Court:
The court found that there was no evidence to suggest that the petitioner had instigated or abetted the deceased girl's suicide. The suicide note indicated that the deceased was in love with the petitioner and blamed another individual for her decision to commit suicide.
Issues: The main issue was whether the petitioner could be held responsible for abetting the deceased girl's suicide.
Ratio Decidendi: The court emphasized the need for active instigation or positive action proximate to the time of occurrence to establish abetment under Section 306 IPC. It also considered the evidential value of dying declarations and the distinction between the offences under Section 306 IPC and Section 498-A IPC.
Final Decision: The court quashed the proceedings against the petitioner, allowing the criminal petition.
ORDER :
1. This Criminal Petition is filed to quash the proceedings against petitioner/A2 in S.C. No. 447 of 2017 pending on the file of VII Additional Senior Civil Judge, R.R. District at L.B. Nagar.
2. The case of the prosecution is that two girls namely Mounika and Soumya committed suicide by leaving suicide notes. On the basis of the same, police investigated into deaths of both the girls and laid charge sheets against this petitioner arraying him as A2 and four others.
3. According to the prosecution case, the deceased girl namely Mounika and this petitioner were having affair and in love with one another. They decided to marry. However, parents of the petitioner reprimanded him and marriage could not take place since the petitioner and the deceased girl Mounika belong to two different castes. They were together for a period of three years and also had physical relationship. A1 was aware of the said affair between A2 and the deceased Mounika and wanted to break their affair. In the month of April, 2016, the petitioner was engaged to someone else. Then the petitioner obtained bond from Mounika wherein she assured that she will not give any trouble to the petitioner and will not create any problems with regard to their earlier relationship. A1 signed on the bond as a witness. Then A1 took advantage of the breakup in between this petitioner and Mounika and became friendly with Mounika as both A1 and Mounika belong to same Brahmin caste. A1 proposed and wanted to marry her. A1 maintained an affair and had physical relationship with the deceased Mounika. Meanwhile, the petitioner’s parents performed the marriage of the petitioner with another girl. On 04.08.2016, unable to bear the situation, the deceased Mounika committed suicide by leaving suicide note, which is extracted hereunder:
Missing you All - Mounika Nagarjuna
This is my last kiss to my lover (Nani)
My last wish is to punish Kamesh for blackmailing me. He tortured me like hell and want a smile from parents and my and my lover Nagarjuna lover was innocent don’t involve him in this issue -- Mounika Nagarjuna
Good Bye Every one and forgive me.
Love you Nani missing a lot.”
4. The second deceased namely Soumya also committed suicide leaving behind a suicide note. However, the suicide note is not germane for deciding the present application since the deceased Soumya had nothing to do with the petitioner herein and she committed suicide for the reason of being ill-treated by her guardians.
5. The police after investigating the case filed charge sheet against this petitioner and four others.
6. Learned counsel appearing for the petitioner would submit that even according to the suicide note, this petitioner did not commit any act of either inciting or instigating the deceased to commit suicide. In fact, she expressed that she was in deep love with this petitioner and A1 was a sadist and fraud. In the said suicide note also, her last wish was to punish A1 for blackmailing her and torturing her. She also stated that this petitioner was innocent and not to involve him in the issue. Counsel relied on the following Judgments.
7. The Hon’ble Supreme Court in the case of Ramesh Kumar vs. State of Chhattisgarh, (2001) 9 SCC 618 held as follows:
Mere harassment does not constitute abetment of suicide under Section 306 of Indian Penal Code.
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