The mere utterance of 'to go and die' does not constitute abetment of suicide under IPC; intent and instigation must be established.

ORAL ORDER

Crl.P.No.103167/2024 is filed by petitioners/accused Nos.2, 4 and 6 to 8, Crl.P.No.102838/2024 is filed by accused No.1 and Crl.P.No.103168/2024 is filed by accused Nos.3 and 5. All the three petitions are filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in Spl.C.No.497/2024 pending on the file of the I Additional District and Sessions Judge, Ballari registered for offences punishable under Sections 3(1)(f), 3(1)(g), 3(2)(v), 3(2)(vii), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act” for brevity) and Sections 306 , 107 and 34 of Indian Penal Code, 1860 (hereinafter referred to as “ IPC ” for brevity).

2. The case of the prosecution is that on 04.04.2024, at about 9.30 a.m., the complainant’s relatives namely Abhishek and Huchengeppa, informed the complainant over phone that, on 04.04.2024, accused Nos.1 to 8 undertook labour/Civil work under NREGA(National Rural Employment Guarantee Act) Scheme, in the Government land bearing Survey No.654/A measuring 5-00 acres which was allegedly in possession of complainant’s family. At that time, the mother of complainant namely, Smt.Mylamma Didgi, said to have objected the accused Nos.1 to 8 from interfering with the possession over said lands and she voluntarily stated that she is being troubled by accused Nos.1 to 8, just because she belongs to Schedule Caste/Schedule Tribe and she suddenly drank the poison from a bottle brought by her and she was taken to hospital at Morigere and thereafter, she was shifted to Taluka Hospital, H.B. Halli and then to the District Hospital, Koppal. She died on 05.04.2024 at District Hospital, Koppal at about 11.30 a.m.

3. On 05.04.2024, respondent No.2 filed a complaint against accused Nos.1 to 8 and came to be registered in Crime No.21/2024 of Ittigi P.S. for offences under Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(v-a) of the Act and Sections 504, 149 , 306 of IPC . The police after investigation, filed chargesheet against the accused Nos.1 to 8 for offences under Sections 306 , 107 , 34 of IPC and Sections 3(1)(f), 3(1)(g), 3(2)(vii) and 3(2)(v) of the Act.

4. On the basis of the said chargesheet, a case came to be registered against the petitioners/accused Nos.1 to 8 in Spl.C.No.497/2024 and it is pending on the file of the I Additional District and Sessions Judge, Ballari. The proceedings of the said case are sought to be quashed in the present petition.

5. Heard learned counsel for petitioners in all the three petitions, learned counsel for respondent No.2 in all the three petitions and learned Additional Government Advocate for respondent No.1-State.

6. Learned counsel for petitioners would contend that the statement of eye witness namely, Abhishek did not contain any allegation of abuse touching the caste of the deceased. The deceased had brought poison bottle and that itself indicate that there was no abetment by the petitioners to the deceased to commit suicide. The acts of the petitioners doing work in the Government land of NREGA does not amount to abetment to the deceased to commit suicide. Merely, because the petitioners told the deceased “to go and die” does not amount to abetment. He further submits that there is no sanction to prosecute accused No.1 who is a public servant. On these grounds, he prayed for allowing all three petitions.

7. Learned counsel for respondent No.2 would contend that the land in which the accused persons were carrying out NREGA work is a Government land and the deceased had filed Form No.57 claiming grant of the said land. He submits that the deceased was in possession of the said land, the acts of petitioners getting work done of NREGA in the said Government land which is in possession of the deceased and accusing her and telling her “to go and die” amounts to abetment. There were 100 persons present at the spot, on the date of accident. Chargesheet contains 59 witnesses and it is a matter of trial. With thi