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2013 DIGILAW 80 (ORI)

Rukmini Seth v. State of Orissa

2013-03-21

B.K.NAYAK

body2013
ORDER Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State. Perused the impugned order dated 7.11.2011 passed by the learned Assistant Sessions Judge-cum-C.J.M., Baragarh, in C.T. No. 52/24 of 2011 framing charge under Section 306, I.P.C. against the petitioner. The prosecution allegations and the materials on record reveal that the deceased had taken some money from the petitioner to sell a land and was unable to return the same on repeated demands, and therefore, on the date of occurrence the petitioner abused the deceased lady imputing unchastity to her and also calling her children bastards and thereupon the deceased committed suicide. Learned counsel for the petitioner submits that the prosecution allegation as aforesaid do not satisfy the ingredients of the offence of abetment to suicide, as there is no mens rea or criminal intention on the part of the petitioner to abet the commission of suicide by the deceased. Abetment of a thing has been defined in Section 107, I.P.C., which is extracted hereunder:- "107. Abetment of a thing - A person abets the doing of thing, who:- First - Instigates any person to do that thing:- 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. Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1 - A person who, by willful misrepresentation, or by willful 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 trine of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commissions thereof, is said to aid the doing of that Act. Explanation 2 - Whoever, either prior to or at the trine of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commissions thereof, is said to aid the doing of that Act. In the case reported in AIR 2010 SC 327 & 2010 (I) OLR (SC) 779, Gangula Mohan Reddy vs. State of Andhra Pradesh, the apex Court while interpreting Section 306, I.P.C. held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused to instigate or aid in committing suicide, there cannot be any conviction. It was further held that to attract Section 306, I.P.C. there has to be a clear mens rea to commit the offence. The present case is one where there is no instigation to the deceased nor is there any intentional aid by the petitioner for commission of suicide by the deceased. Though the abusive words used by the petitioner imputed unchastity to the petitioner, that cannot be considered to be an act or omission or continued course of conduct creating such circumstances, which left the deceased with no option other than to commit suicide. Some people may be hyper-Sensitive and may seriously react to abusive words and take the drastic step of putting an end to their own lives, but hurling abuses by itself cannot be' considered to be abetment of suicide. In the circumstances, I am of the opinion that there is no material before the Court below to presume that the accused has committed the offence under Section 306, I.P.C. Therefore, charge for that offence could not have framed. Accordingly, the impugned order dated 7.11.2011 is set aside and the petitioner is discharged of the offence. The Crl. Revision is disposed of. Issue urgent certified copy. Crl. Rev. disposed of.