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2023 Supreme(Online)(BOM) 25141
HIGH COURT OF BOMBAY
Vinay Joshi, Bharat P. Deshpande, JJ
Bhartendra Dhanraj Bhoyar – Appellant
Versus
State of Maharashtra – Respondent
CRIMINAL WRIT PETITION No. 519/2014
For the Appellants/Petitioners: M.P. Kariya
For the Respondents: A.M. Kadukar, D.V. Chauhan
To constitute abetment of suicide, there must be a clear, direct, and positive act by the accused that leaves the deceased no option but to commit suicide. Mere emotional discord or extra-marital involvement without specific instigation or intentional aid does not fulfill the requirement of criminal abetment.
Headnote:(A) Indian Penal Code, 1860 - Sections 306 and 107 - Constitution of India - Article 226 - Code of Criminal Procedure - Section 482 - Abetment of suicide - Ingredients to constitute offence - Requirement of positive act and mens rea - Mere allegation of harassment or extra-marital relations without direct incitement does not constitute abetment of suicide. (Paras 21, 23, 24)
(B) Criminal Procedure - Quashing of criminal proceedings - Inherent powers of court - Where material on record fails to disclose essential ingredients of offence and proceedings are an abuse of process of law, court is empowered to quash FIR and charge-sheet to secure ends of justice. (Paras 27, 30)
Facts of the case:
A petition was filed seeking to quash criminal proceedings against an individual accused of abetting the suicide of a deceased person. The prosecution originated from a suicide note left behind by the deceased, which attributed his extreme step to his personal distress arising from an alleged extra-marital affair between his spouse and the accused. The investigation resulted in the filing of a charge-sheet against the petitioner.
Findings of Court:
The court noted that the forensic evidence regarding the cause of death remained inclusive and that there was no material evidence indicating any positive act or direct instigation by the accused. The content of the suicide note merely reflected the internal frustration and hypersensitivity of the deceased regarding his matrimonial life, which alone does not satisfy the statutory requirements for the specified offence.
Issues: Whether the allegations regarding an extra-marital affair and the contents of a suicide note disclose sufficient evidence to constitute the offence of abetment of suicide, and whether the continued prosecution of the accused is justified in the absence of a direct positive act of instigation.
Ratio Decidendi: To establish the offence of abetment of suicide, the prosecution must prove a clear mens rea and a direct, positive act by the accused that forced the deceased into a position where no option remained but to end their life. In the absence of evidence linking the accused's conduct to such a compulsion, and given that the deceased's reaction resulted from personal sensitivity rather than direct instigation, the charges cannot be maintained.
Result: Petition allowed; the FIR and charge-sheet are quashed and set aside.
JUDGMENT RESERVED ON : 29.03.2023.
JUDGMENT PRONOUNCED ON : 13.04.2023.
JUDGMENT (PER VINAY JOSHI, J.) :
The petitioner is one of the two accused named in first information report [FIR] in Crime No.31/2014 dated 27.04.2014, registered with Police Station Karda, District Bhandara for the offence punishable under Section 306 of the Indian Penal Code. Though the crime was registered against two accused, however, this petition in terms of Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed by one namely Advocate Bhoyar, seeking quashing of the aforesaid FIR and charge-sheet filed in pursuance thereof.
Having regard to the prima facie material, initially this Court vide order dated 23.06.2014 directed that no coercive steps be taken against petitioner. Upon hearing the parties on 09.12.2014, this Court has issued Rule, as well as stayed the investigation of the aforesaid crime. Later on this Court wide order dated 06.12.2019 vacated the stay to the investigation. Again vide order dated 20.02.2020, prosecution was permitted to file charge-sheet, as well as, leave was granted to suitably amend the petition by adding the prayer for quashing of the charge-sheet. In consequence charge sheet came to be filed, as well as the petitioner has raised additional prayer for quashing of the charge-sheet.
The facts leading to the filing of this petition are that, on 13.04.2014 one Jayakumar Khobragade has consumed poisonous substance, and died on 14.04.2014, thus a case of suicide. On receipt of intimation, a case of accidental death was registered by the concerned Police on 14.04.2014. During enquiry, the investigating agency has conducted inquest Panchnama and sent dead body for postmortem examination. The medical officer has prima facie expressed the probable cause of death may be poisoning, however, viscera was preserved for final opinion. During the course of enquiry, the police have received a suicidal note forwarded by District Judge Bhandara. Brother-in-law of deceased has lodged a report on 27.04.2014 alleging that as per suicidal note petitioner was responsible for the death of Jayakumar. Informant has stated that the deceased Jayakumar was his brother-in-law, and working as Stenographer at Pauni Court, whereas wife of the deceased namely Anita [co-accused], was also serving as Stenographer in Bhandara Court. Informant stated that on 13.04.2014 around 8:30 a.m., the deceased Jayakumar along with his mother came to his house. Around 9 p.m. all of them had a dinner and deceased went on the upper floor to sleep. Around 10 p.m. deceased started vomiting on which he was admitted to the General Hospital for medical treatment, where he died on the following day i.e. on 14.04.2014 around 11 a.m. While the deceased was at the house of informant, he had handed over one sealed envelope addressed to the Judge, which the informant gave to the addressee on 16.04.2014. The said envelope was containing a suicidal note written by deceased. It was forwarded to the investigating agency. In the said suicidal note, the deceased alleged that the petitioner had induced his wife against him and instigated her to take divorce, therefore, petitioner is responsible for his suicide.
On receipt of suicidal note and the report lodged by the informant, Police registered a Crime for the offence punishable under Section 306 of the Indian Penal Code. During the course of investigation police have collected Chemical Analyzer report. The police have also collected specimen signature of the deceased and sent the original suicidal note for expert’s opinion. The police received handwriting expert’s opinion stating that the specimen signature, writing and signature on suicidal note shows similar handwriting and thus it indicates their common authorship. It was transpired that petitioner, as well as wife of the deceased Anita both were responsible for the death of Jayakumar, therefore charge-sheet has been filed a
