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2008 DIGILAW 213 (MP)

Sittu Patel @ Sitaram v. State Of M. P.

2008-02-06

S.C.SINHO

body2008
ORDER : Shri Abhay Gupta, learned counsel for the applicants. Shri L.D.S. Baghel, Government Advocate for the State. Heard on the question of admission. Admitted. With the consent of both the counsel for the parties heard finally. This revision under section 397/401 of Indian Penal Code is directed against the order dated 29-6-2007 passed by first Additional Sessions Judge, Katni in S.T. No. 73/07 in which applicants have been charged under sections 306/302 and 201 of Indian Penal Code. 2. It is admitted position that Laxmi bai alias Bhuri Bai (since deceased) committed suicide on 5-2-2007 in her house. 3. The prosecution case is that on 5-2-2007 Laxmi Bai alias Bhuri Bai committed suicide on account of locking her in a room with applicant No. 1 Sittu Patel by applicant No. 2 Munna and applicant No. 3 Butti alias Ramesh. Due to the said act, Laxmi Bai alias Bhuri Bai felt guilty, ashamed and committed suicide. Applicants along with family members of the deceased has carried out her cremation on the advise of applicant No. 2 Munna and applicant No. 3 Butti alias Ramesh without lodging a marg report under section 174 of Criminal Procedure Code. 4. On 12-3-2007 her father lodged F.I.R. at Police Station Rithi which is 11 Kms. away from her village and police registered Crime No. 34/07 under sections 306/34 and 201/34 of Indian Penal Code. Further by impugned order dated 29-7-2007 learned ASJ has framed charge under sections 306/302 and 201 of Indian Penal Code. 5. Having heard learned counsels of both the parties I am of the view that this revision petition deserves to be allowed. 6. Deceased Bhuri Bai was locked in a room by applicant Nos. 2 and 3 with applicant No. 1 Sittu Patel is not supported by any prosecution witnesses. Even Smt. Parmi Bai who is grandmother of deceased has stated that applicant No. 2 Munna and applicant No. 3 Butti alias Ramesh came to her and informed her grand-daughter was locked in a room with Sittu Patel applicant No. 1. She opened the room and on inquiry from deceased, she informed her that nobody was with her in the room and later on at about 17 hrs. she committed suicide. 7. There is not an iota of evidence that Laxmi Bai alias Bhuri Bai was murdered by any of the applicants. She opened the room and on inquiry from deceased, she informed her that nobody was with her in the room and later on at about 17 hrs. she committed suicide. 7. There is not an iota of evidence that Laxmi Bai alias Bhuri Bai was murdered by any of the applicants. Even, against applicants no FIR was registered under section 302 by the prosecution, therefore, the trial Court has without any prima facie evidence charged the applicants under section 306 and in alternative under section 302 of Indian Penal Code. 8. In order to implicate a person under section 306/34 of Indian Penal Code there should be some material against the said persons that they have abetted the deceased to commit suicide. The term "Abetted of a thing" has been defined in section 107, Indian Penal Code which reads thus : "107. Abetment of a thing :- A person abets the doing of a thing; or First -Instigates any person to do that things; or Secondly - engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly - intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1 - A person who, by wilful misrepresentation, or by concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2 - Whoever, either prior to or at the time of the commission of offence of an act, does anything in order to facilitates the common of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act." 9. Explanation 2 - Whoever, either prior to or at the time of the commission of offence of an act, does anything in order to facilitates the common of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act." 9. By taking the shelter under the umbrella of following decisions of the Apex Court, learned counsel for the applicants has placed reliance on these authorities :- 9-I. In State of West Bengal vs. Orilal Jaiswal and another, AIR 1994 SC 1418 dealing with offence under section 306/34, Indian Penal Code the Apex Court held as under : "The Court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hyper sensitive to ordinary petulance dischord and difference in domestic life quite common to the society to which the victim belonged and such petulance dischord and difference were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty." 9-II. In Padmabai vs. State of M. P., 1987 Cri.L.J. 1573 it has been held : "It is of the essence of the crime of abetment of suicide that the abettor should be proved to have substantially assisted in a commission of the offence of suicide. Investigation, incitement, provocation, encouragement, insinuation, solicitation, which words connote different meanings are, no doubt, some of the acts, which may constitute an 'abetment' for commission of suicide. But all such acts or any of them have to be positive and potent in nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide. But all such acts or any of them have to be positive and potent in nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide. Stray domestic quarrels, perfunctory abuses by mother-in-law, to her daughter-in-law in the Indian Society, crude and uncultured behaviour by the 'in-laws' or the husband towards his wife being mundane matters of normal occurrence in the traditional joint Hindu families, will not go to form and constitute 'abetment' unless these acts or conduct singly or cumulatively, are found to be of such formidable and compelling nature as may lead to the commission of suicide or may facilitate in a singular and prime manner, the commission of the same." 10. I have gone through the FIR as well as police statements recorded by prosecution of Vishram, Meera Bai, Sudha Bai, Parmi Bai, Sukhnandi, Gulab, Banda, Parma and Sukkhu. All of them have stated that Bhuri Bai committed suicide in her room but there is not an iota of evidence regarding abetment. Even grandmother of Bhuri Bai, Parmi Bai has stated that when she opened the locked room only Bhuri Bai came from inside and she made no complaint about anybody and later on in the evening she committed suicide. 11. It will be fruitful to reproduce section 201 of Indian Penal Code as under : "201. Causing disappearance of evidence of offence, or giving false information to screen offender - Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false," 12. This Court in the case of Anita (Smt.) vs. State of M. P., reported in 2005(1) M. P. Weekly Notes, Note No. 74 has held as under : "In order to establish the charge under section 201 of Indian Penal Code, it is essential to prove that an offence has been committed, that the accused knew or had reason to believe that such offence had been committed and with the requisite knowledge and with the intent to screen the offender from legal punishment. Caused the evidence thereof to disappear or gives false information respecting such offence knowing or having reason to believe the same to be false." 13. Father of deceased, Vishram has stated that on advise of his father Parma Kumhar and Gulab Kumhar, his daughter's cremation was performed by him on the same night. 14. In view of the aforesaid circumstances, it is clear that ingredients of "abetment" are totally absent in the instant case for an offence under section 306/302 and 201 of Indian Penal Code against these applicants. Taking the totality of materials on record and facts and circumstances of the case into consideration, it will lead to only one conclusion that it is the deceased Laxmi alias Bhuri Bai and she alone and none of applicants are responsible for her suicide. 15. In the result, this revision petition succeeds. The charge framed against the applicants by ASJ, Katni in S. T. No. 73/07 for an offence under section 306/302 and 201 of Indian Penal Code is hereby quashed.