To sustain a charge under Section 306 IPC, the prosecution must establish a proximate, positive act of instigation or intentional aiding by the accused, demonstrating a clear mens rea that left the deceased with no alternative but to commit suicide.

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in PRC No.136 of 2023 on the file of the Judicial Magistrate No.II, Salem.

2. The case of the prosecution is that the defacto complainant is the brother of the deceased. The deceased married the first accused and they were blessed with two daughters. The second accused is the sister of the first accused. It is alleged that the second accused lodged a complaint stating that the deceased had sexually harassment her daughter and consequently, the deceased was facing charge under the POCSO Act. In connection with the said case, both the accused had deposed before the Trial Court. It is further alleged that the accused demanded more money from the deceased for withdrawing the case against him. Therefore, unable to bear the humiliation and alleged harassment caused by the accused, the deceased committed suicide by hanging on 26.10.2018, leaving behind a suicide note stating that he was tortured by both the accused. It is also alleged that, prior to his death, the deceased sent messages to his friends bidding them goodbye.

3. Initially, the first respondent registered an FIR in Crime No.1036 of 2018 for the offence under section 174 of Cr.P.C. After completion of the investigation, an alteration report was filed and thereafter a final report was laid for the offence under Section 306 of IPC. The same has been taken cognizance by the Trial Court.

4. The learned counsel for the petitioners submitted that, based on the complaint lodged by the second accused, the deceased was facing trial for the offences under the POCSO Act in S.C.No.187 of 2017 on the file of the I Additional District and Sessions Court, Ananthapuramu, Andhra Pradesh. The first accused and the deceased got separated long prior to the occurrence and the deceased was living separately. It is not the case of the prosecution that, soon before the death of the deceased, the accused had abetted him to commit suicide. Admittedly, the deceased and the first accused were living separately for the past 1 ½ years prior the date of occurrence. While being so, on 26.10.2018, during the night hours, the deceased committed suicide by hanging himself, leaving behind a suicide note.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. A perusal of the suicide note reveals that the deceased had stated that he was tortured by the accused and, due to the humiliation suffered by him, he committed suicide. Further, admittedly, pursuant to the complaint lodged by the second accused, the deceased was facing charges under Section 8 of the POCSO Act in S.C.No.187 of 2017 on the file of the I Additional District and Sessions Court, Ananthapuramu, Andhra Pradesh. The second accused had deposed as P.W.1 before the Trial Court on 23.10.2018. The first accused had deposed as P.W.2 on 24.10.2018. In fact, both the witnesses were cross examined by the deceased. Thereafter, on 26.10.2018, the deceased executed a Will in favour of the daughter who born through his first wife in respect of the property owned by him.

7. A perusal of the Will reveals that the deceased had specifically mentioned that in the event of his death due to sudden circumstances, his sister, Dr.Maithili, will be the guardian of his minor daughter. The second wife, viz., the first accused, has not claimed guardianship over the daughter born through his first wife. Therefore, it is evident that, even on 26.10.2019 itself, the deceased h