Himachal Pradesh High Court
Anand Singh vs State Of Himachal Pradesh on 4 May, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No.4 of 2022 Date of Decision: May 4, 2023 .
Anand Singh .......Appellant
Versus
State of Himachal Pradesh ... Respondent
_______________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1Yes.
For the Appellant:
For the Respondent: to Mr. Karan Singh Kanwar, Advocate.
Mr. Anoop Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General & Mr. Rahul Thakur and Mr. Ravi Chauhan, Deputy Advocates General.
_______________________________________________________ Sandeep Sharma, Judge(oral):
Instant appeal filed under S. 374 (2) CrPC lays challenge to judgment of conviction and order of sentence dated 21.12.2021/29.12.2021, passed by learned Additional Sessions Judge Sirmaur at Nahan, Himachal Pradesh in Session Trial No. 25-N/7 of 2012, whereby learned court below, while holding appellant/accused (hereinafter, 'accused') guilty of having committed offence punishable under Ss. 306 and 201 IPC convicted and sentenced him to undergo rigorous imprisonment for seven years and pay fine of Rs.15,000/-1
Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 09/05/2023 20:33:24 :::CIS 2under S.306 IPC and in default to undergo simple imprisonment for one month under each of the sections.
2. Briefly stated the facts as emerge from the record are that .
prosecution on the basis of statement made by PW-5, complainant under S.154 CrPC, who happens to be father of the deceased Deepali (hereinafter, 'deceased'), Exhibit PW-5/A, lodged FIR Exhibit PW-16/C against the accused under S.306 and 201 IPC. In nutshell, case of the prosecution, as emerges from the record is that marriage inter se accused and deceased was solemnized as per Hindu rites and customs on 17.2.2009 at Satna in Madhya Pradesh. After marriage deceased was taken to village of accused i.e. Farida in Uttar Pradesh. Complainant alleged that deceased had done degree in B Pharma from Bhopal and thereafter she started working in some company in Baddi, District Solan, Himachal Pradesh. Complainant PW-5 alleged that accused used to harass the deceased and he did not allow her to move outside the house or take up job. He alleged that earlier accused was working at Baddi and later shifted to Paonta Sahib, on 24.6.2010. He alleged that on 25.6.2010, deceased had informed him that accused had beaten and harassed her and thereafter between 12.00 noon and 1.00 pm accused informed that deceased has committed suicide. Complainant alleged that the deceased committed suicide after being harassed mentally and ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 3 physically by accused as such he be dealt in accordance with law. In the aforesaid background, FIR came to be lodged against the accused.
.
3. After completion of investigation, police presented Challan in the competent court of law, which on being satisfied that a prima facie case exists against accused, charged him for commission of offences punishable under S. 306 and 201 IPC, to which he pleaded not guilty and pleaded trial.
4. Prosecution examined 17 witnesses to prove its case and led on record exhibits i.e. Exhibits No. PW-2/A suicide note, to prove its case against the accused, whereas, accused, despite opportunity failed to lead any evidence but in his statement recorded under S. 313 CrPC he denied the prosecution case in toto and claimed himself to be innocent. In his statement under S. 313 CrPC, deposed that the deceased was very ambitious and there was pressure on her from her parents to take up the job. He claimed before learned trial Court that deceased committed suicide due to pressure of her parents and nothing was done by him.
5. Learned trial Court on the basis of evidence led on record by prosecution held accused guilty of having committed offence punishable under S.306 and 201 IPC and convicted and sentenced him as per description given herein above. In the aforesaid back ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 4 ground, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgment of conviction and order of sentence recorded by learned .
court below.
6. Learned counsel for the accused, while making this court peruse the evidence led on record by prosecution vehemently argued that judgment of conviction and order of sentence recorded by learned court below is not sustainable in the eye of law being not based upon proper appreciation of evidence, as such, same, deserves to be quashed and set aside. Learned counsel for the accused further argued that there is no evidence worth credence suggestive of the fact that deceased committed suicide after being abetted/instigated by accused rather, she on account of pressure from the complainant and other family members to take up job, committed suicide.
7. Mr. Rajan Kahol, learned Additional Advocate General while supporting judgment of conviction and order of sentence submitted that same calls for no interference being based upon proper appreciation of evidence led on record. He submitted that there is overwhelming evidence on record suggestive of the fact that the accused who had solemnized marriage with the deceased, at no point of time, provided sufficient means to the deceased, enabling her to ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 5 maintain day to day expenses. Mr. Kahol further argued that bare perusal of suicide note, Exhibit PW-2/A itself suggests that the deceased committed suicide after being harassed mentally and .
physically by the accused as such, no illegality can be said to have been committed by learned court below, while holding the accused guilty of having committed offence punishable under S. 306 and 201 IPC.
8. Having heard learned counsel for the parties and perused learned court below, evidence on record, be it ocular or documentary vis-à-vis reasoning assigned in judgment of conviction and order of sentence recorded by while holding accused guilty of having committed offence punishable under Ss. 306 and 201 IPC, this court is persuaded to agree with learned counsel for the accused that none of witnesses ever stated anything specific with regard to altercation if any inter se accused and deceased on the date of alleged incident.
There is no evidence indicative of the fact that there was any abetment or instigation on the part of accused to drive deceased to commit suicide. Bare perusal of Ss. 306 and 201 IPC, suggests that it is incumbent upon the prosecution to prove that suicide was committed by deceased after abetment /instigation by the accused.
To invoke provisions of S.306 IPC, it is required to be proved that the ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 6 person sought to be charged for the commission of offence punishable under S.306 IPC, abetted commission of suicide.
9. Having carefully perused the statements made by prosecution .
witnesses, especially PW-5 complainant /father of the deceased, this court finds force in the submission of learned counsel for the accused that there is nothing on record to suggest that the deceased was being harassed mentally and physically by the accused on the pretext of bringing less dowry or not taking up any job, rather, this witness himself deposed that his deceased daughter was in search of job.
None of the prosecution witnesses relied upon by learned trial Court, while holding accused guilty of having committed offence punishable under S.306 and 201 IPC, ever deposed with regard to maltreatment, if any, meted out to the deceased by the accused. No doubt, police recovered suicide note, Exhibit PW-2/A but bare reading of same nowhere persuades this court to agree with Mr. Rajan Kahol, learned Additional Advocate General that on the date of alleged incident, accused drove deceased to commit suicide. In suicide note deceased has only written, "Ye sab Anand ke vajah se kiya hai, I am going to quit"
10. Though learned Additional Advocate General also attempted to argue that suicide note was attempted to be destroyed by the ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 7 accused before arrival of police but there is no plausible and cogent evidence on record to prove aforesaid allegation.
11. Most important and material prosecution witnesses is PW-5 i.e. .
complainant at whose behest FIR came to be lodged against accused. PW-5 i.e. father of deceased deposed that deceased had done degree of B Pharma from Bhopal. He deposed that she was working at Baddi in some company in 2008 and in February, 2008 maternal aunt and uncle of accused Manju Singh and Vijay Shankar, called him telephonically and proposed for marriage of deceased with accused. He deposed that after verifying background of accused, he agreed to the proposal and put condition that his daughter would be allowed to continue to work after marriage. It was assured that there will be no restriction from their side. He deposed that he visited house of accused and stayed for one night but came to know that said house was not of accused and he had furnished wrong information. He deposed that on 17.2.2009, marriage inter se deceased and accused was solemnized at Satna in M.P. He further deposed that on 26.2.2009, accused came to Chandigarh with his daughter but there were no household articles. He deposed that he deposited Rs.40,000/- enabling his daughter to maintain house. He deposed that deceased was having her own bank account and it was used by accused to buy household articles. He deposed that when he asked deceased to ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 8 come and meet them, family of accused refused to send her and they were harassing her to conceive but when she was pregnant, accused left her in their house at Satna on 25.5.2009. He deposed that .
deceased went for medical treatment at Chandigarh but accused refused to provide any medical treatment. This witness deposed that accused used to tell about prediction of second marriage made by astrologer and that she would commit suicide. He deposed that accused left deceased at Satna and thereafter did not ask about her whereabouts. He deposed that prior to date of incident accused was working at Paonta sahib, and accused had taken deceased to Paonta Sahib from Baddi. He deposed that the deceased had telephonically informed him that the accused harassed and maltreated her last night.
He deposed that when he tried to enquire about details, accused did not divulge anything. This witness further deposed that at 12 to 1 pm, his daughter had committed suicide, which fact was revealed to him by accused.
12. In his cross-examination, this witness admitted suggestion put to him that his daughter wanted to do job as per her qualification.
While denying the suggestion put to him that no dowry was given and marriage was performed in simple manner, this witness self stated that accused and his family is very poor. He admitted that he visited house of accused and stayed for 2-3 days. He was unable to confirm ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 9 the fact that money given to deceased was used by her or the accused. He denied suggestion put to him that the deceased tried to find job at Bhopal but since she did not get the job then she came to .
Baddi 4-5 years prior to her death. He denied that it was he who had informed the accused that deceased had gone to Baddi but stated that he only had called accused in morning on the date of incident. He admitted that when deceased went to Paonta Sahib from Baddi, accused spent Rs.11,000-12,000;- on her shopping but feigned ignorance that his daughter Dewanshi called accused on the date of alleged incident that deceased was not picking up phone. He denied that deceased was emotional and had consumed phynyl during her childhood. He denied that he and his wife wanted deceased and accused to settle at Indore. He denied that since they were harassing her for doing job, she had to leave Baddi. He admitted that he had not made complaint with regard to harassment prior to date of alleged incident.
13. If statement made by aforesaid witness is perused in its entirety, this court finds that though complainant was not very much interested in marriage of deceased and accused, but on account of friendship inter se deceased and accused, proposal was accepted and marriage was solemnized as per Hindu rites and customs. It also emerge from statement of PW-5 that he never wanted deceased to ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 10 leave job and in that regard, he had obtained assurance from accused and his family before marriage. It also emerges from his statement that prior to date of incident, no complaint, if any, of maltreatment or .
harassment at the hands of accused was ever made by complainant or deceased rather, deceased, who after having solemnized marriage had gone to Satna MP came back to Baddi in search of job. It also emerges from statement of said witness that deceased was desperate for job befitting her qualification but since she was unable to get job at Bhopal, she came to Baddi from Bhopal. Though, this witness deposed that his deceased daughter had informed him telephonically that she is being mentally harassed by accused but no material worth credence ever came to be led on record to prove such allegation. This witness in cross-examination admitted that when he asked his daughter about details of maltreatment, nothing was disclosed by her.
14. PW-6 Alok Kumar Misra, friend of accused in his statement disclosed that he alongwith accused used to work in same factory and he and accused used to reside in same building and his room was in front of the room of the accused. He deposed that one evening accused reached at quarter with his wife and on next date at 7.30 am, he went to factory with accused. He deposed that at 1.00 pm, telephonic call was received by accused that his wife had committed suicide and thereafter they both went to residence of accused, where ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 11 15-20 people had already gathered on the spot and landlord was also present. This witness deposed that he saw through window that the deceased had hung herself from ceiling fan. He deposed that accused .
broke down the door and they all entered the room and brought down wife of Anand and one person then called Bengali doctor. He deposed that the Bengali doctor checked wife of accused and advised them to take deceased to CH Paonta Sahib, where she was declared dead.
This witness, also made certain depositions with regard to recovery of certain articles and his signatures upon recovery memos, which may not be very relevant for adjudication of the appeal at hand. This witness though identified all the documents produced before court but denied that the same were recovered or seized in his presence. In his cross-examination, he denied that since accused is his friend, he is suppressing factum of suicide note. While admitting signatures on recovery memo, he deposed that entire proceedings were carried out at one time in room of accused. In his cross-examination by defence, this witness admitted that once accused had told him that his father in law intimated him telephonically that he should go to Baddi and bring deceased back to Paonta Sahib, as she was disturbed and had gone from Satna to Baddi in search of job. He agreed to the suggestion that when he met them, both where happy and at that time, deceased was having a small bag of clothes and some shopping bags with her. He ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 12 admitted the suggestion that during night, he alongwith deceased, Ankur and Anand took dinner, which was brought from outside. He also agreed to the suggestion that deceased was looking disturbed .
and in tension and was saying that she wanted to join job as per wishes of her parents and she had left her six months child at Satna.
He agreed to the suggestion that he had never seen any quarrel between the deceased and accused.
15. If the version of this witness is perused in its entirety, it nowhere supports the case of prosecution. There is nothing in the statement of aforesaid witness suggestive of the fact that deceased was being harassed mentally and physically by the accused for not taking up the job, rather, statement of this witness reveals that deceased was desperately looking for job and was disturbed on account of the fact that she had left 6 month child at Satna MP. Cross-examination of this witness, if perused in entirety nowhere suggests that prosecution was able to extract anything contrary to what this witness stated in his examination-in-chief.
16. PW-10 SI Rajinder Kumar, witness to recovery memo deposed that he went to spot alongwith SHO BD Bhatia and recovered pieces of suicide note/ card board lying near wall of room of accused, which statement of this witness is contrary to case set up by prosecution.
::: Downloaded on - 09/05/2023 20:33:24 :::CIS 1317. PW-16 Investigating Officer deposed that during search in and around the house of Gulzar Singh i.e. landlord of the accused, some torn pieces of card board were recovered in field outside house of .
Gulzar Singh.
18. Said version of PW-10, is not only contradictory to statement of PW-16 but also PW-6, who denied factum with regard to recovery of suicide note, if any, from the room of deceased.
19. PW-16, Mr. BD Bhatia, Station House Officer Police Station r to Paonta Sahib deposed that on 25.6.2010, ASI Kewal Singh In Charge Police Post Rajban, informed that a wall of Himalayan Mineral Factory Sataun had collapsed and eight persons had died and requested him to reach at the spot, on which he reached at aforesaid spot in Government vehicle No. HP-17B-1222 with Constables Hitender Singh and Kamal Khan and after doing needful there, when he was coming back and had reached Badripur, he received information regarding body of a female brought at CH Paonta Sahib, on which he rushed to Hospital where he inspected the dead body of deceased and got clicked photographs from Photographer Gulshar Ahmad (Exhibit. PW-8/A-1 to PW-8/A-6). He deposed there was no injury mark on her body except ligature marks around her neck. He informed PW-5 Shyam Raj Singh regarding this incident, who told him not to get the post mortem conducted of the body till his arrival. He ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 14 deposed that he alongwith police officials and husband of deceased and Alok and Ankur went to spot at Bhantawali Ranbaxy Chowk i.e. residence of accused and got clicked photographs of room of .
accused. He deposed that there was one bolt alongwith nuts lying on the floor of the room and in bath room a Nokia mobile phone was lying in a bucket of water alongwith cover and battery. He checked the bag of deceased and found one sim of reliance company and a dupatta hanging with fan of room.
20. He deposed that on search some torn pieces of card board were recovered in field outside house of Gulzar Singh. He tried to fix the pieces but could not fix the same and as such, sealed the same with seal impression 'A'', and duppatta was taken into possession vide memo Exhibit. PW-6/A, which was signed by witness Alok Kumar, Ankur and accused also signed the memo. Sim was taken into possession vide memo Exhibit. PW-6/B, which was signed by said witnesses and accused. This witness further deposed that room was found fully disturbed during inspection. He deposed that on 26.6.2010, Shyam Singh i.e. PW-5 came to Police Station and was taken to room of deceased. He deposed that PW-5 got his statement under S.154 CrPC recorded, which was sent to Police Station Paonta Sahib, through Vikram Dev No. 56, on the basis of which, FIR Exhibit. PW-16/C was registered. Postmortem of deceased was got ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 15 conducted by ASI Om Krishan. He deposed that case file was entrusted to ASI Om Krishan, for investigation.
21. In his cross-examination, PW-16 deposed that when they .
reached CH Paonta at 1.10 pm, husband of deceased and his friends Alok and Ankur were present there. He informed PW-5 from Hospital regarding the incident, which version is contrary to statement of PW-
5, who deposed that he was informed about the incident by accused.
22. This witness, admitted that on 26.6.2010, PW-5 Sham Singh, his wife came to Paonta and met with him at Police Station. He admitted that he did not record statement of younger daughter of PW-
5 Dewanshi. He also admitted that he did not obtain mobile record and CDR of the sim and mobile recovered in the case. He deposed that after registration of FIR, file was handed over to ASI Om Krishan for further investigation. He denied that parents of deceased wanted to settle deceased and accused at Indore and due to this, deceased was upset and disturbed.
23. PW-15 Om Krishan who partly investigated the case, deposed that during investigation, on 27.6.2010 he recorded supplementary statement of complainant PW-5. He deposed that on 8.8.2010, complainant, PW-5, in the presence of Meera Baksh and HC Jeet Singh, entrusted to him six pages of diary of deceased alongwith one register, which was taken into possession vide seizure memo Exhibit.
::: Downloaded on - 09/05/2023 20:33:24 :::CIS 16PW-5/C. He further deposed that during investigation, he sent suicide note Exhibit. PW-2/A alongwith pages Exhibit. PW-5/CA, register Exhibit. PW-5/CB and envelope Exhibit. PW-2/B to SFSL Junga for .
comparison of handwriting of deceased. He deposed about receiving of invitation card, phonographs, CDs and permanent resident certificates vide memos and that thereafter he handed over file to SHO B.D. Bhatia, for further investigation.
24. In his cross-examination, he admitted that at CH Paonta all persons were present when BD Bhatia informed father of deceased, i.e. PW-5, about death of deceased and incident, telephonically. He admitted that he visited the room of deceased but could not remember how many people accompanied Station House Officer to the spot.
25. Version put forth by PWs-15 and 16, if read in conjunction clearly suggests that factum with regard to death of deceased was brought to notice of complainant by PW-16, Station House Officer BD Bhatia and not by the accused. Complainant in his statement deposed that factum with regard to death of his daughter was disclosed to him by the accused.
26. Similarly, it also emerges from statements of aforesaid witnesses that accused with his friend was present at CH Paonta Sahib, where deceased was brought dead. Though, there are other ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 17 witnesses associated by prosecution but their statements may not be relevant for the adjudication of the appeal, especially when entire case is based upon statement of PW-5 complainant and suicide note, .
Exhibit PW-2/A. Recovery of suicide note from the room, where deceased committed suicide, is highly doubtful.
27. PW-10 HHC Rajinder Singh, who accompanied PW-16, to the room of the deceased, deposed that pieces of card board were recovered from the room near the wall whereas, PW-16, B.D. Bhatia,
28.
r to Investigating Officer deposed that pieces were recovered from field outside house of Gulzar i.e. landlord.
PW-6, Alok Kumar Misra, deposed that no pieces of cardboard /suicide note were found on the spot nor taken into possession in his presence.
29. Though there is no cogent and convincing evidence adduced on record by prosecution suggestive of the fact that deceased was being harassed mentally or physically by accused or his family prior to date of alleged incident, but even otherwise contents of suicide note if perused in entirety nowhere indicate abetment/instigation on the part of accused to drive the deceased to commit suicide. Though recovery of suicide note is doubtful as taken note above, but even otherwise, deceased while writing suicide note has nowhere raised finger at the ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 18 conduct of accused, she simply stated that she had done this due to Anand and she was quitting.
30. Though, learned Additional Advocate General attempted to .
argue that expression 'sab kuch' used by deceased in so called suicide note indicates abetment but this court is not persuaded to agree with Mr. Kahol, learned Additional Advocate General, for the reason that there is no evidence to connect suicide note, if any, written by deceased with actual incident of suicide. There is no direct evidence that suicide note, if any, was ever written by deceased before her having committed suicide, especially when recovery of the same never came to be effected from the room, rather from the fields outside the house of landlord. Though in the case at hand, prosecution charged accused for commission of offence under S.201 IPC but there is no evidence that he ever attempted to destroy the evidence. None of prosecution witnesses ever saw accused throwing suicide note out from the room.
31. Though mobile phone of deceased was recovered but there is nothing to suggest that data there from was retrieved. Similarly no record with regard to Call Detail Report indicative of the fact that prior to the alleged incident, there was any conversation inter se accused and deceased, was obtained.
::: Downloaded on - 09/05/2023 20:33:24 :::CIS 1932. Having scanned entire evidence, be it ocular or documentary, this court finds that though prosecution attempted to project case that deceased was under constant pressure from accused to take up the .
job and on account of constant harassment, she was compelled to take drastic step to commit suicide but as has been discussed above, there is no cogent and convincing evidence to prove such allegation rather, evidence adduced on record suggests that deceased, who was educated, was desperate to get job and as such, left Satna (MP) to take up job at Baddi, District Solan, Himachal Pradesh.
33. There is another glaring aspect that for taking up job, deceased left her 6 months child at Satna (MP) with her parents. It has come in statement of PW-5, complainant that he wanted deceased to continue job after marriage and as such, had taken assurance from accused and his family. It has come in statement of PW-6 that deceased was disturbed on account of her not getting job and leaving her minor daughter at Satna. None of prosecution witnesses including PW-5 stated that accused was harassing deceased for taking up some job, rather, accused was doing job at Paonta Sahib, when deceased came from Satna (MP) to get job at Baddi (HP). On the askance of father-in-
law, PW-5, accused brought deceased to Paonta Sahib before alleged date of incident.
::: Downloaded on - 09/05/2023 20:33:24 :::CIS 2034. Though PW-5 claimed that from very inception accused and his family had been harassing his daughter, but no complaint was ever lodged at Satna (MP) or Baddi, District Solan, Himachal Pradesh .
regarding this.
35. Leaving everything aside to prove allegation under S.306 IPC, prosecution is/was under obligation to prove abetment/instigation if any at the hands of accused named in the FIR which is totally missing in the case at hand.
36. At this stage, it would be apt to take note of provision contained under Section 306 of IPC, which reads as under:-
"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."
Abetment is defined under Section 107 of IPC, which reads as under:-
"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. 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.
Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 21 also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation
2.--Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the .
commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act."
37. Abetment is defined under Section 107 of IPC, which reads as under :-
1. "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 ror illegal omission, the doing of that thing. Explanation
1.--A person who, by wilful misrepresentation, or by wilful 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 an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission there of, is said to aid the doing of that act."
38. Similarly, the dictionary meaning of the word instigate' is to bring about or initiate, incite someone to do something. The Hon'ble Apex Court in the case of Ramesh Kumar Vs. State of Chhattisgarh 2001 9 SCC 618 has defined the word 'instigate' as instigation is to goad, urge forward, provoke, incite or encourage to do an act."
39. Hon'ble Apex Court in case of S.S.Cheena Vs. Vijay Kumar Mahajan and Anr. (2010) 12 SCC 190 has dealt with scope and ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 22 ambit of Section 107 IPC and its co-relation with Section 306 IPC.
Relevant pars of the aforesaid judgment read as under:
"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 the Supreme Court is 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 that act must have been intended to push the deceased into such a position that he committed suicide."
40. In the case of M. Arjunan Vs. State, Represented by its Inspector of Police (2019) 3 SCC 315, the Hon'lbe Apex Court has held as under:
"The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."
41. The Hon'ble Apex Court in Ude Singh & Ors. Vs. State of Haryana, 2019 17 SCC 301, has held that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 23 multifaceted and complex attributes of human behavior and responses/reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of .
the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide and such an offending action ought to be proximate to the time of occurrence.
Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
42. Recently, the Hon'ble Apex Court in a case (Geo Varghese v.
State of Rajasthan and Anr, 2021 (4) RCR (Criminal) 361) where student committed suicide after being reprimanded by the teacher/administration, categorically held that reprimanding student would not amount to instigation to commit suicide. Relevant para of the aforesaid judgment reads as under:
27. It is a solemn duty of a teacher to instil discipline in the students. It is not uncommon that teachers reprimand a student for not being attentive or not being upto the mark in studies or for bunking classes or not attending the school.
The disciplinary measures adopted by a teacher or other authorities of a school, reprimanding a student for his indiscipline, in our considered opinion, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately without any justifiable cause or reason. A simple act of reprimand of a student for ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 24 his behaviour or indiscipline by a teacher, who is under moral obligations to inculcate the good qualities of a human being in a student would definitely not amount to instigation or intentionally aid to the commission of a suicide by a student.
.
28. 'Spare the rod and spoil the child' an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student. It is not only a moral duty of a teacher but one of the legally assigned duty under Section 24 (e) of the Right of Children to Free and Compulsory Education Act, 2009 to hold regular meetings with the parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other act or relevant information about the child.
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32. Considering the facts that the appellant holds a post of a teacher and any act done in discharge of his moral or legal duty without their being any circumstances to even remotely indicate that there was any intention on his part to abet the commission of suicide by one of his own pupil, no mens reacan be attributed. Thus, the very element of abetment is conspicuously missing from the allegations levelled in the FIR. In the absence of the element of abetment missing from the allegations, the essential ingredients of offence under section 306 IPC do not exist .........................................
40. In the absence of any material on record even, prima- facie, in the FIR or statement of the complainant, pointing out any such circumstances showing any such act or intention that he intended to bring about the suicide of his student, it would be absurd to even think that the appellant had any intention to place the deceased in such circumstances that there was no option available to him except to commit suicide.
43. In the aforesaid judgment, the Hon'ble Apex Court has categorically held that simple act of reprimand of a student for his behaviour or indiscipline by a teacher, who is under moral obligations ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 25 to inculcate the good qualities of a human being in a student would definitely not amount to instigation or intentional aid to the commission of a suicide by a student. In the absence of the element .
of abetment missing from the allegations, the essential ingredients of offence under Section 306 IPC do not exist. Apart from above, the Hon'ble apex Court has held that victim committed suicide allegedly for being reprimanded for repeatedly bunking classes. Reading of victim's suicide note shows that same was penned by immature and
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r to hypersensitive mind, thus act of accused being teacher would not ordinarily induce a circumstances to a student to commit suicide.
Aforesaid exposition of law taken into consideration clearly reveals that mere allegation of harassment of deceased by the accused named in the FIR may not be sufficient to conclude guilt, if any, under Section 306 IPC, rather to bring the accused in the ambit of 306 IPC, it is required to be established on record that deceased committed suicide after being instigated and abetted by the accused, which in the case at hand is totally missing.
45. Recently, Hon'ble Apex Court in case tilted Mariano Anto Bruno and another versus The inspector of Police, reported in 2022 Live Law(SC)834, held that not only there has to be evidence of continuous harassment, but there should be cogent evidence to establish a positive action by the accused which should more or less ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 26 be proximate to the time of occurrence, which action can be said to have led or compelled the person to commit suicide. It would be profitable to reproduce para No.34 of aforesaid judgment herein:-
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"34. A bare perusal of the impugned judgment indicates that the High Court erred in recording the finding that there is sufficient evidence for convicting the appellants under Section 306 IPC losing sight of the fact that there exists no evidence on record indicating that the deceased was meted out with harassment by the appellants just before her death. It is well-settled that not only there has to be evidence of continuous harassment, but there should be cogent evidence to establish a positive."
46. In the instant case there is no evidence that deceased was meted with harassment by the accused just prior to her death and she was instigated /abetted to commit suicide and as such, no case under S.306 IPC is made out.
47. Consequently in view of detailed discussion and law taken into consideration judgment of conviction and order of sentence dated 21.12.2021/29.12.2021 passed by learned Additional Sessions Judge Sirmaur at Nahan, Himachal Pradesh in Session Trial No. 25-N/7 of 2012 is quashed and set aside and accused is acquitted of the offence under S. 306 and 201 IPC.
48. The appeal stands allowed in the afore terms.
49. Since the accused is in Model Central Jail, Nahan, District Sirmaur, Himachal Pradesh, Registry is directed to prepare and send ::: Downloaded on - 09/05/2023 20:33:24 :::CIS 27 release warrants of the accused to the jail concerned, forthwith, for his release, if not required in any other case by the police.
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(Sandeep Sharma),
Judge
May 4, 2023
Vikrant
r to
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