Madhya Pradesh High Court
Rishabh Agrawal vs The State Of Madhya Pradesh on 20 July, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 20 th OF JULY, 2023
CRIMINAL REVISION No. 859 of 2020
BETWEEN:-
RISHABH AGRAWAL S/O SHRI VISHNU AGRAWAL,
AGED ABOUT 20 YEARS, RESIDENT OF HOUSE NO. 32,
NEW COLONY NO. 2, BIRLA NAGAR , DISTRICT
GWALIOR (MADHYA PRADESH)
.....APPLICANT
(SHRI JITENDRA KUMAR SHARMA AND SHRI RAJMANI BANSAL
LEARNED COUNSEL FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION PS JHANSI ROAD, DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
( SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
STATE)
This revision coming on for admission this day, the court passed the
following:
ORDER
The applicant has filed this criminal revision under Section 53 of Juvenile Justice (Care and Protection of Children ) Act, 2000 against the order dated 06- 01-2020 passed by Special Judge (Atrocities), Gwalior in Criminal Appeal No.196 of 2019 confirming the order dated 19-06-2019 passed by Principal Magistrate, Juvenile Justice Board, Gwalior in Case No.495 of 2014 whereby the applicant has been convicted under Section 306 read with Section 34 of IPC with a direction to perform community service for six months under the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 2 direction of Chief Medical Officer of District Hospital, Morar, District Gwalior and in default of performing the Community Service, he be sent to Special Home, Seoni (MP) for six months.
Prosecution case, in brief, is that on 13-07-2014, Head Constable Pramod Singh Bais informed Police Station Jhansi Road to the effect that a girl has been cut off from the train near down track Khamba 1222/2 whose name has been told by people as ''Sruti Gupta'' ( since the deceased), daughter of Rajiv Gupta, resident of Harishankar Puram, who has committed suicide after being cut off from the train. On the basis of above information, Police Station Jhansi Road registered merg no. 34 of 2014 under Section 174 of CrPC and took into the investigation. During investigation, the suicide note of deceased Ex. P5 and the statements of witnesses were recorded and after investigation, police station Jhansi Road under Crime No. 295 of 2014 registered First Information Report against juvenile (present applicant) and other co-accused juvenile under Section 306 of IPC. Final report was submitted to the Juvenile Justice Board as the case was proved against him and his age was less than 18 years on the date of incident. After completion of investigation and other formalities, charge sheet was filed before the competent Court. The applicant abjured his guilt and pleaded his complete innocence. Statement of applicant was recorded under Section 313 of CrPC. In support of his defence, he examined Vishnu Agrawal and Rajesh Kushwah as DW1 and DW2. After conclusion of trial, the Principal Magistrate, Juvenile Justice Board, Gwalior vide impugned order dated 19th of June, 2019 convicted the applicant under Section 306 read with Section 34 of IPC with a direction to him to perform community service for six months under the direction of CMO of District Hospital Morar, District Gwalior and in default of performing Community Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 3 Service, he was directed to serve for a period of six months in Special Home Seoni. Against the order passed by Principal Magistrate, the applicant preferred Criminal Appeal No. 196 of 2019, which has been dismissed by Special Judge (Atrocities), Gwalior vide judgment dated 6th of January, 2020. Hence, this revision.
It is submitted on behalf of the applicant that parents and brother of deceased have not proved by showing the suicide note of deceased i.e. Ex.P5 in the Court that they recognize the handwriting of the deceased. In the suicide note, the deceased told that she do not want to take any favour while dying. The father of deceased Rajiv Gupta (PW1) in para 4 of his evidence deposed that her daughter deceased had never asked him to get her Class X marks evaluation, she herself said that this thing is written in the suicide note, thus, the above fact is falsely written in suicide note. This witness in para 11 of his evidence further deposed that after seizure panchnama ExP3 was made by police on spot on 13-07-2014, the police had obtained note copy of deceased from her house on 14-07-2014 but no seizure panchnama was prepared in this regard. In connection with investigation of suicide note, neither the records of coaching and the school records of deceased could have been seized by the police in relation to handwriting of the ddeceased not the IO has done so. It is further contended that suicide note is not supported by any independent evidence. In the suicide note, although there is mention of making videos but no such videos have been seized by the police during investigation, therefore, such suicide note neither can be said to be reliable nor the appellant can be convicted on the basis of it. There is no direct and positive evidence regarding motivation so that it can be proved that being instigation made by applicant, the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 4 deceased committed suicide. Counsel for the applicant placed reliance in judgment of Chitresh Kumar Chopra vs. State of (Govt. of NCT of Delhi) 2009 (16) SCC 605 and submitted that where the person can be said to have abetted in doing a thing if he, firstly , instigates any person to do that thing; or secondly, engaged with one or more other person or persons in any conspiracy for the doing of that thing, if any 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. Since ingredients of Section 107 of IPC are lacking, therefore, no offence is made out against the present appellant for commission of offence under Section 306 of IPC. He further placed reliance on the judgment passed by Apex Court in the case of Shabbir Hussain vs. The State of Madhya Pradesh in SLP (Cri.) No.7284/2017 whereby the Apex Court has held as under:-
''In order to bring a case within the provision of Section 306 of IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing a certain act to facilitate the commission of suicide.'' Mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to an offence under Section 306 of IPC [Amalendu Pal vs. State of West Bangal (2010) 1 SCC 707].
Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no option except to commit suicide [Chitresh Kumar Chopra vs. State Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 5 (Government of NCT of Delhi) (2009) 16 SCC 605].
Learned counsel for the State supported the impugned orders and prayed for dismissal of this appeal.
I have heard the learned counsel for the parties and perused the record. Section 107 of IPC reads as under:-
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.
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 facilitate the commission thereof, is said to aid the doing of that act.
In the letter Ex.P5 written by deceased to her father and mother, deceased has stated that she loved applicant a lot who always used to play her for fun. He slapped her in the whole class yesterday and she went to meet him Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 6 one, so he made a video of himself and her with the help of his friend and now, he is saying that he will leak the video and if it leaks, she will never be able to show her face to any one. Applicant's friend ruined her whole life and always used to give a threat that he will ruin his life and family. He also abused her many times and all her Class 10th percentage is because of it. It is further stated that nothing should be said to them, nor should this matter should reach their family members otherwise their life will be ruined. There are many things and names on her Facebook while talking with applicant which are lies but only so that she can know what else is in his mind. Likewise, she has a brother named ''applicant'' and she has met the applicant using the names of friends. At last, the deceased in her letter deposed that ''She is sorry and all this is the result of not listening to her sister and father.'' In the suicide note, the deceased told that she do not want to take any favour while dying. In the suicide note, although there is mention of making videos but no such videos have been seized by the police during investigation, therefore, such suicide note neither can be said to be reliable nor the appellant can be convicted on the basis of it. So far as abetment of applicant to the deceased for committing suicide is concerned, there is nothing on record to show that the deceased was being harassed directly either by the applicant or by any other source to impel deceased to commit suicide.
Considering the entire facts and circumstances of the case as well as law laid down by Hon'ble Apex Court, no case is made out against the applicant for commission of offence under Section 306 r/w Section 34 of IPC. This criminal revision deserves to be and is hereby allowed. The order dated 06-01-2020 passed by Special Judge (Atrocities), Gwalior in Criminal Appeal No.196 of 2019 and the order dated 19-06-2019 passed by Principal Magistrate, Juvenile Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM 7 Justice Board, Gwalior in Case No.495 of 2014 are hereby set aside. Applicant is acquitted of charge levelled against him.
A copy of this order be sent to the Courts below for necessary information.
(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/24/2023 10:45:15 AM