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Madhya Pradesh High Court · body

2009 DIGILAW 761 (MP)

KOMAL s/o RAM KUMAR GOND v. STATE OF M. P.

2009-07-01

S.C.SINHO

body2009
JUDGMENT : 1. This petition under section 482 of Criminal Procedure Code has been filed by applicants for quashment of proceedings in S. T. No. 133/09 pending in the Court of ASJ, Umariya whereby the learned ASJ has framed charges under section 306/34, Indian Penal Code against the applicants. 2. It is admitted position that deceased Gulab Singh died on 28-2-2009 and found in pieces on the railway track near Umariya Railway Station. 3. In brief the case of the prosecution is that deceased was in love affair with a girl namely Ku. Khema Singh. On 27-2-2009 Khema Singh along with her uncle Komal applicant No. 1 and brother Poonam Singh applicant No. 2 went to Umariya for opening an ATM account. While she was sitting alone in a shop deceased came to her and chat with her. At about 16.00 hours he offered her to go with him but Khema Singh refused to go therefore, deceased has thrown his purse and diary on her and told that aforesaid items should be handed over in his house. Thereafter, her brother and uncle came and Khema Singh has reported the whole matter to them. Applicants went to the house of deceased and threatened him that why he is unnecessarily harassing Khema Singh and he should improve himself otherwise he will be ousted from the village. Thereafter, on 18-2-2009 at about 13.00 hours deceased was found in pieces on railway track near Umariya Railway Station. After investigation, Crime No. 90/09 was registered by police station Kotwali and a charge-sheet was filed against applicants. 4. Having heard learned counsel for the parties, I am of the view that this revision petition deserves to be allowed. 5. 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. 5. 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." 6. If the provisions of section 107, Indian Penal Code is read in juxtaposition of the material available on record, it would reveal that the entire emphasis has been putforth by the prosecution against the present applicant. 7. By taking the shelter under the umbrella of following decisions of the Apex Court, learned counsel for the applicant has placed reliance on these authorities :- 7-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. It is 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." 7-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. 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." 8. I have gone through the FIR as well as police statements recorded by prosecution but there is not an iota of evidence regarding abetment to commit suicide by the these applicants. 9. Substance of the prosecution case shows that applicants went to the house of deceased, told to improve himself and not to harass Ku. Khema Bai this may be a cause of suicide but it cannot be said to be abetment by applicants. 9. Substance of the prosecution case shows that applicants went to the house of deceased, told to improve himself and not to harass Ku. Khema Bai this may be a cause of suicide but it cannot be said to be abetment by applicants. However, further in my opinion, even if the entire allegation levelled against the accused/applicants be accepted as correct and true on their face value (as are being accepted as correct and true at this stage on their face value), no case for alleged commission of an offence punishable under section 306 of the Indian Penal Code is made out against the accused/applicants. 10. In view of the aforesaid circumstances, ingredients of abetment are totally absent in the instant case therefore, no offence under section 306 of Indian Penal Code has been made out. 11. In the result, this petition succeeds. The criminal proceeding in S. T. No. 133/09 pending before the Additional Sessions Judge, Umariya vide Crime No. 90/09 registered under section 306/34 of Indian Penal Code against the applicants is hereby quashed.