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Madhya Pradesh High Court · body

2016 DIGILAW 304 (MP)

Anand Tiwari v. State of M. P.

2016-04-12

D.K.PALIWAL

body2016
ORDER 1. This petition has been filed under section 482 of the CrPC for quashment of criminal proceedings pending before the 13th Additional Sessions Judge, Indore in Sessions Trial No.463/2014. 2. Brief facts of the case are that Sunil s/o Nandkishre died by hanging himself. He was taken to hospital and information was sent to P.S. Tukoganj about the death of Sunil, against which, merg intimation No.06/2014 under section 174 of the CrPC was recorded. During enquiry, it was found that deceased has taken loan from Yash Finance which was run by Titu @ Rajkumar and Anand @ Baba. They were charging high rate of interest. It was also found that Titu @ Rajkumar, Anand @ Baba Piyush, Raja @ Raju and Rajendra used to harass the deceased. One Ramjan also caused loss of Rs.25,00,000/- to the deceased. Due to harassment made by the aforesaid persons, deceased committed suicide. During investigation, suicide-note alleged to have been written by the deceased has also been seized and after due investigation, charge-sheet has been filed against the applicant. 3. It is submitted by learned counsel for the applicants that there is no prima facie material against the applicants for abetting the deceased to commit suicide. The ingredients of abetment are absent in the present case. It is further submitted that applicants have never harassed the deceased. If the contents of the alleged suicide note are taken into consideration, no case is made out against the applicants. Prosecution of the applicants amounts to abuse of process of law. It is prayed that proceedings pending before the 13th Addl. Sessions Judge, Indore in Session Trial No.463/2014 be quashed. 4. On the other hand, learned counsel appearing on behalf of the respondent/State submitted that from the material collected during the investigation, prima facie there is sufficient material against the applicant, therefore, proceedings cannot be quashed. 5. I have perused the record in light of the submissions of learned counsel for the parties. Sharmila Jain, wife of the deceased in her case-diary statement has stated that Rajkumar @ Titu was the friend of her husband. He was running business with her husband. After 1995, they have separated. 5. I have perused the record in light of the submissions of learned counsel for the parties. Sharmila Jain, wife of the deceased in her case-diary statement has stated that Rajkumar @ Titu was the friend of her husband. He was running business with her husband. After 1995, they have separated. Titu Tiwari, Baba Tiwari, Raja Yadav, Piyush Pal and Rajendra Sharma @ Raju gave beating to her husband and they were demanding money, then she came to know that Tiwari Bandhu have advanced some loan @ 5% p.a. Her brother-in-law paid Rs.10,00,000/- along with interest. She further stated that her husband has purchased a car bearing registration No.MP09-CR-1018 in the year 2011. Shravak Jain, son of the deceased also stated the same. Shanta Jain, mother of the deceased has stated that deceased told her that Ramzan has caused loss of Rs.25,00,000/- in business. She further stated that Sunil also told her that some persons are harassing him. Kamlesh has stated that deceased/Sunil told him that Titu Tiwari and Anand Tiwari have taken blank cheque and got his signature in stamp paper. He further stated that Sunil also told that Titu Tiwari is harassing him. 6. She further stated that Sunil also told her that some persons are harassing him. Kamlesh has stated that deceased/Sunil told him that Titu Tiwari and Anand Tiwari have taken blank cheque and got his signature in stamp paper. He further stated that Sunil also told that Titu Tiwari is harassing him. 6. Suicide-note, alleged to have been written by the deceased has also been seized which reads as under :- vafre i= eSa lquhy tSu vkRegR;k dj jgk gw¡A eq>s Qk;usUlj ¼VhVw frokjh½ jkt dqekj frokjh dh otg ls eq> ij dkj pksjh dk vkjksi yxk;k gSA ;g xyr gSA dkj ua M.P.09 CR 1018 Qhxks 'kq: ls nks lky igys ls tc ubZ yh Fkh esjs ikl gh FkhA mldh ekftZx euh 1]67]000@& #- lquhy tSu us gh ¼frokjh½ th ds pSd ds }kjk fouk;d QksMZ nh FkhA eSaus frokjh th ds uxnh #- 1]67]000@& ns fn;k FkkA iqfyl pkgs rks esjs ?kj ds vkl ikl ds yksxkas ls iM+ksfl;kas ls iwN ldrh gSA dkj dh fdLr 12]150@& #- esa bUgsa uxnh esa nsrk FkkA dkj cSVek esa esu jksM ij ekek th ds xkMZu esa ikdZ dh gSA iqfyl dks fey tk,xh dkj esa fx;j ckDl esa [kjkch vk xbZ gSA ftlls og py ugh jgh gSA dkj dks Vkspu djds ykuk i<+sxh es frokjh th ls 15 ianzg lky ls C;kt ij #i, ys jgk gw¡ ftlds ,ot esa vHkh rd 50]00]000@& ipkl yk[k #- C;kt ns pqdk g¡wA eSa rhu yk[k #- 3]00]000@& bUgs C;kt ij fn;s Fks rhu lky igys ftldk vkt rd dksbZ fglkc bUgksusa ugha fd;k gSA 2012 esa bUgs viuk ysV xk;=h dqUt esa 1250 Lds- QhV dk Fkk oks Hkh bUgs ns pqdk g¡wA esjs O;kikj esa yksgs dk ?kkVk gks x;k gS o esjs equhe jke/ku us Hkh eq>s cgqr ?kkVk fn;k o esjk #i;s dk fglkc Hkh ugh feykA eSa vc bUkdk #i, nsus esa vleFkZ g¡w lkjk iSlk #i;k [kRe gks pqdk gSA esjh iRuh dk ,d pSd 1]50]000@& dk bUgs eSaus XkkjaVh ds :i esa fn;k Fkk ogka Hkh bUgksus yxk fn;k gSA esjs fny esa dksbZ csbZekuh ugh gS gkykr gh ,sls gks x, gSaA iqfyl iz'kklu ls fuosnu gS dh esjh e`R;q i'pkr esjs ifjokj iRuh o cPps dks ijs'kku ugh djsaA #i, fcYdqy Hkh ugh gSA ?kj ds gkyr cgqr [kjkc gS lCth lkx o jk'ku ykus ds Hkh iSls ugha gSA esjh iRuh ds Hkh 15]00]000@& ianzg yk[k #i;s ysdj C;kt esa iwjs gks x, gSaA iqfyl ls fuosnu gS dh esjs ifjokj dh j{kk djsa iRuh cPpksa dks ijs'kku uk djsa ;gh fou; gSA 'kkod rsjk esjk lkFk bruk gh FkkA frfFk & viuk /;ku j[kukA 'kfeZyk rqe le>nkj gks eq>s Hkwyus dh dksf'k'k djukA lquhy tSu eSa lquhy tSu firk uan fd'kksj tSu] fuoklh 3@4 lkÅFk rqdksxt] bankSj ckck vkuUn frokjh] fuoklh iykfl;k ls vkB 8]00]000@yk[k #- ys j[ks gSA djhc 3 lky igys fy, FksA 5 % o 6 % C;kt nj ls ys j[ks Fks ftldk gj ekg dk C;kt 45]000@& ns jgk gw¡ rhu lky es djhcu 15]00]000@& ianzg yk[k #i;s C;kt ns pqdk gw¡A vc ugh ns ldrk g¡w lquhy tSuA 25-7-2013- 25-7-2013 C;kt ns pqdk g¡wA vc esjs ikl dqN Hkh cpk ugha gS ?kj NksM+dj tk jgk g¡wA Hkxoku esjs cPps dh j{kk djsA 9617819497 ;g uacj vkuan ckck frokjh] ckck frokjh us vkuan frokjh us eq>s ekjk o ekjihV dh vc esa thou lekIr djus tk jgk g¡wA lquhy tSu 7. For making out an offence under section 306 of IPC, one essential and requisite ingredient is 'abetment' by the accused to deceased to commit suicide. Section 306 of IPC reads as under :- “306. Abetment of suicide- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. As per definition given in section 107 of the Indian Penal Code abetment is constituted by : (i) Instigation a person to commit an offence; or (ii) Engaging in a conspiracy to commit; or (iii) Intentionally aiding a person to commit it. A person is said to 'instigate' another to an act, when he actively suggests or stimulates him to the act by means of language, direct or indirect whether its takes the form of express solicitation, or of hints, insinuation or encouragement. The word 'instigate' means to goad or urge forward or to provoke, incite, urge or encourage to do an act.” 8. Apex Court in the case of M. Mohan v. State of Madras, reported in 2011 CrLJ 1900 , has held as under :- “This Court in Chitresh Kumar Chopra v. State (Government of NCT of Delhi) [ (2009)16 SCC 605 ], had an occasion to deal with aspect of abetment. The Court dealt with the dictionary meaning of the word “instigation” and “goading”. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the others. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the Legislature and the ratio of the cases decided by this Court are clear that in order to convict a person under section 306, IPC there has to be a clear mens rea to commit the offence. The intention of the Legislature and the ratio of the cases decided by this Court are clear that in order to convict a person under section 306, IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide. 9. In the instant case, there is no allegation against the applicants that they provoked, incited or goaded the deceased or even encouraged him to commit suicide. They merely demanded money which the deceased allegedly taken on loan and they never intended that the deceased should commit suicide. 10. In my opinion, there is absolutely no material on record to indicate that the present applicants instigated the deceased to commit suicide. 11. In view of the aforesaid discussion, I find that the prosecution of the present applicants tentamounts to abuse of process of law. Hence, it is a fit case where the power under section 482 of the CrPC can be exercised. 12. Consequently, the petition is allowed. Proceedings pending before the 13th Additional Sessions Judge, Indore in Session Trial No.463/2014 is hereby quashed. 13. Accordingly, the petition (Miscellaneous Criminal Case No.7555/2015) stands disposed of. Pradeep Kumar Gupta for applicants; Mukesh Kumawat, Panel Lawyer for respondent/State.