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2016 DIGILAW 325 (MP)

Harnam Singh v. State of M. P.

2016-04-22

SHEEL NAGU

body2016
ORDER 1. This petition under section 482 CrPC invokes the inherent powers of this Court for quashment of the FIR dated 21.7.2013 bearing Crime No.142/2013 registered at Police station Umri, District Bhind alleging offence punishable under section 306 r/w section 34 of IPC and 3/4 of Dowry Prohibition Act against the petitioners No.1, 2 and 3 who are brother in law (Jeth), husband and mother in law, respectively, of the deceased Poonam aged about 22 years. 2. Learned counsel for the rival parties are heard. 3. At the very outset, it would be appropriate to observe that by interlocutory order dated 5.9.2013 passed in this case the prosecuting agency was restrained from taking any coercive steps against the petitioners/accused as a result of which investigation has come to a stand still and charge sheet could not be filed till date as is evident by the letter dated 1.2.2016 of the Station House Officer Umri, brought on record along with list of documents dated 4.2.2016. 4. The brief facts giving rise to the present petition are that marriage between the deceased and respondent No.2 was arranged and scheduled to be held. As a prologue to the said marriage, customary gift of cash and valuables were effected by parents of deceased in favour of the petitioners. The valuables as revealed by the statement of Manoj Devi (Mother of the deceased) under section 161 CrPC were Rs.7,73,000/- in cash, one Motor-cycle, cooler, Samsung TV, LG Refrigerator, Washing Machine, Dressing Table, Sofa Set, Double Bed, utensils and clothings. These items were given as Lagun on 15.5.13 at the house of petitioners. On the very same day some time in the evening the petitioner No.1 brother-in-law (Jeth) of the prospective husband telephonicaly called up and informed the parents of the deceased that unless and until further amount of dowry to the tune of Rs.2,27,000/- in cash is given, the marriage will not take place. It is alleged that this telephonic conversation was heard by the deceased. Immediately thereafter, she went to her room and committed suicide by hanging herself. 5. It is alleged that this telephonic conversation was heard by the deceased. Immediately thereafter, she went to her room and committed suicide by hanging herself. 5. Learned counsel for the petitioner by referring to the decisions in the cases of “Sanju alias Sanjay Singh Sengar v. State of Madhya Pradesh, reported in AIR 2002 SC 1998 , Gangula Mohan Reddy v. State State of Andhra Pradesh, reported in AIR 2010 SC 327 , and M. Mohan v. State, Represented by the Deputy Superintendent of Police with Velmurugan and Anr. v. State represented by the Superintendent of Police, reported in AIR 2011 SC 1238 ”, submits that in the attending facts and circumstances no abetment as defined under section 107 IPC is made out. It is further submitted by him that there is no live and proximate link between the cause of demand of additional dowry on one hand and the suicide on the other. It is further submitted that element of mens rea in the entire episode is conspicuously missing. In this factual background it is urged that, no case of abetment to suicide is made out. 6. For convenience and read reference sections 107 of IPC and section 306 of IPC are reproduced below. “Section 107. Abetment of a thing. A person abets the doing of a thing, who -- First. -- Instigates any person to do that thing; 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. “Section 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”. 7. The apex Court in various decisions has held time and again that even on prima facie basis, the offence of abetment to suicide is made out only when the evidence and material collected by the prosecution which forms the bridge between the cause and the suicide, is strong, proximate and live enough that in the giving facts and circumstances the same can persuade the deceased to commit suicide. 8. 8. There can be no straight jacket formula to pin-point the facts and circumstances which fall within and without the definition of abetment, for the obvious reason that when dealing with offence involving humans, variables like human sentiments, social and psychological compulsions and like factors assume relevancy for deciding the question whether even basic ingredients of offence are made out on a prima facie basis. 9. In the case at hand the deceased Poonam was one of the three daughters of Megh Singh Rajawat (father of the deceased) and Manoj Devi (Mother of the deceased). It is further brought on record in shape of statement of mother of deceased that the second daughter Neelam was deaf since birth. The pre-marriage ceremonies which gave rise to the impugned offence were in respect of the eldest among the three daughters of the parents who were primarily from rural background. It is common knowledge that in rural society due to lack of education and awareness, sons are preferred than daughters. Daughters are considered by majority of the rural population to be a liability. Marriages of daughters are treated to be an expensive affair for the parents of the daughter as the prospective bridegroom and his relatives demand dowry in lieu of the assurance of the bride's peaceful stay at the matrimonial home. More often than not, it is seen that in rural areas where level of education and awareness is to the minimal, the quantum of dowry given before and after marriage is directly proportionate to the amount of matrimonial peace and tranquility extended to the wife at the matrimonial home. 10. Another aspects which deserves consideration is the importance of marriage in the mind of a girl of marriagable age in rural areas, with no or insignificant education. With negligible education, a girl who is brought up in a male dominated society in the district of Bhind (M.P.) having one of the worst sex-ratios in the country, looks forward to the event of her marriage as the ultimate achievement in life. In case this event, despite being fixed (as is the case herein), is threatened to be canceled, the repercussions can be significant. The prospective bride may go into a spell of depression due to the bleek prospect of finding another match along with the social stigma cast by the society. In case this event, despite being fixed (as is the case herein), is threatened to be canceled, the repercussions can be significant. The prospective bride may go into a spell of depression due to the bleek prospect of finding another match along with the social stigma cast by the society. In case the girl is of strong temperament she may withstand the trauma. However if she is of weak mental fibre she may take the extreme step of ending her life. 11. In this case it is seen that the father of the deceased had three daughters and therefore was psychologically bogged down by the fact that on three different occasions in the near future including the present one he would be subjected to financial strain. This state of mind of the father must have been well-known to the deceased. When her marriage was being fixed, she must have been under great psychological expectation that the marriage should somehow get solemnized without any hitch. With this psychology in mind, the deceased desperately wanted the marriage to come through and be solemnized. On receiving the news of the accused resiling from their proposal of marriage the deceased may have gone into the state of shock, compelling her to take the extreme step of ending her life by committing suicide. 12. True it is that the non-solemenization of marriage may not by itself become a lawful cause for constituting abetment of suicide, but the attending variable factors as illustrated above deserve consideration. 13. Whether it was justified on the part of the deceased herein to commit suicide depends upon several variables which are required to be established by collection of evidence by the police during investigation, which is informed to be pending. 14. The live and proximate link between the cause (the threat of breaking the proposed marriage) and the suicide in an ordinary case may appear to be weak, but considering the additional circumstances of social and psychological constraints that the deceased was facing on the fateful day i.e. 15.5.2013, when she received threat by the petitioners of breaking the proposed marriage, these additional circumstances cannot be prejudged in favour of the accused at this early stage. 15. 15. Whether these additional circumstances of psychological and social nature were enough and sufficient to constitute even on prima facie basis, an offence punishable under section 306 of IPC cannot be decided at this preliminary stage when the investigation is said to be inconclusive. 16. It is for the trial Court while considering the question of framing of charge to delve into all these factors. 17. Before parting this Court would be failing in it's duty to lay down a few illustrations which deserve consideration by the Court while framing charge in cases of the nature at hand. Some of these variable circumstances are as follows:- (a) Social background of the deceased, (b) Educational background of the deceased, (c) Economic status of the parents of the deceased, (d) Temperament of the deceased, (e) Presence or absence of live and proximate link between the cause and the suicide. 18. These circumstances are merely illustrative and not exhaustive since the limits of human mind and social constraints are unfathomable. 19. In the light of the above observations, this Court is of the considered view that in the attending facts and circumstances and in the supervening social and psychological factors it would not be appropriate to invoke the inherent powers of this Court to truncate the process of investigation. 20. Accordingly, this Court declines to interfere with the impugned FIR dated 21.7.2013 in its inherent powers under section 482 CrPC. 21. Consequently, the present petition under section 482 CrPC stands dismissed. 22. Copy of this order be communicated by the registry to the concerned police station and learned Magistrate. 23. No costs. R. K. Sharma for petitioners; Mohd. Irshad, Panel Lawyer for respondent/State; Rajesh Shukla for respondent/Complainant.