Conviction under Section 306 IPC requires proof of positive, proximate acts of instigation or mens rea to push the victim to suicide; mere administrative actions, such as withholding documents for unpaid fees, without intent do not constitute abetment.

ORDER

1.This Criminal Original Petition is filed to quash the proceedings in Spl.SC. No.13 of 2023 on the file of the I Additional District and Sessions Court (PCR), Thanjavur, pending against the petitioner for offence under section 306 of IPC and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (POA) Act.

2(i). The petitioner / sole accused has been serving as the Principal of Sowdambiga Matriculation Higher Secondary School, Thuraiyur since 2003. A written complaint dated 25.12.2021 was submitted by the 3^rd respondent, which was registered under section 174 of Cr.P.C. in Crime No.818 of 2021 wherein it is alleged that the defacto complainant’s daughter had committed suicide by hanging on 25.12.2021 at about 11 am. After enquiry the alteration report was filed implicating the petitioner as accused for the alleged offence under section 306 of IPC read with 3(2)(v) of the Scheduled Castes and Scheduled Tribes (POA) Act.

2(ii). The case of the prosecution is that the defacto complainant/Vellaichamy belongs to the Schedule Caste community and his daughter/victim, Thulasi, had completed Higher Secondary and appeared for the NEET examination, but failed in “NEET 2018–2019”, she joined Sowdambiga Coaching Centre at Thuraiyur for coaching and attended the NEET examination – 2021. The petitioner is the Principal of the Sowdambiga Matriculation Higher Secondary School and Coordinator of Sowdambiga Coaching Center. However, the victim had secured 307 marks only. Since she has not obtained the required marks, hence the victim wanted to study Engineering or Agriculture. The mother of the victim approached the management for Transfer Certificate and Higher Secondary marks statement. The management informed the victim to pay the remaining tuition fees until then refused to hand over the certificates. According to the victim the petitioner had intention to readmit the student in the coaching center. Since the victim could not get admission in the other courses due to delay in obtaining the certificates, the victim committed suicide by hanging on 25.12.2021. Hence the complaint was registered under section 174 Cr.P.C. The prosecution filed alteration report after obtaining statements under section 161 of the defacto complainant and other witnesses, wherein it is stated that that defacto complainant’s daughter joined the coaching center with the help of a teacher Mr.Sugumar. At the time of the admission the victim had handed over the original certificates. Since she had secured 307 marks, there was no possibility of getting admission in the medical course, hence she wanted the certificates so as she can join some courses. Hence the victim and her mother Nagoor Mala had approached the petitioner to get the original certificates on 19.09.2021, it was informed that the they have to pay the remaining fee of Rs.81,800/- for having attended the coaching class. It is replied that they attended classes until 19.04.2021, thereafter they have conducted online classes due to Covid-19. However, they have paid Rs. 20,000/- to the petitioner who had informed the mother to pay the balance Rs. 60,000/-. The victim’s mother and brother approached the petitioner on 29.10.2021 and requested the original certificates be handed over. At that time, the petitioner allegedly abused them by using their caste name. Thereafter, the victim’s mother and grandmother along with one Muthukumar had approached the petitioner on 07.12.2021 and paid Rs.5,000/- and requested the petitioner to hand over the certificates. The petitioner allegedly abused them and