Punjab-Haryana High Court
Ravi Taneja vs State Of Punjab on 29 August, 2013
Author: Anita Chaudhry
Bench: Anita Chaudhry
CRA No.1904-SB of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision:29.08.2013
CRA No.1904-SB of 2009 (O&M)
Ravi Taneja .... Appellant
Versus
State of Punjab .... Respondent
CRR No.2999 of 2009 (O&M)
Vidya Wanti .... Petitioner
Versus
State of Punjab & others .... Respondents
CORAM: HON'BLE MS. JUSTICE ANITA CHAUDHRY
Present: Mr. Peeyush Gagneja, Advocate
for the appellant in CRA No.1904-SB of 2009.
Mr. R.K.Girdhar, Advocate
for the petitioner in CRR No.2999 of 2009.
Mr. B.S.Bhalla, Addl. AG, Punjab.
*****
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the digest?
Anita Chaudhry, J.(Oral)
This judgment shall dispose of criminal appeal bearing CRA-S-1904-SB of 2009 titled Ravi Taneja vs. State of Punjab and criminal revision bearing CRR No.2999 of 2009 titled Vidya Wanti vs. State of Punjab and others, which has arisen out of the judgment of conviction and order of sentence dated 24.07.2009 passed by the Addl. Sessions Judge, Ferozepur in FIR No.36 dated 05.12.2006 registered at Police Station Abohar under Section 306 IPC for abetting the suicide of Sanjay @ Davinder Adlakha. The appellant Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -2- was convicted and sentenced to undergo rigorous imprisonment for a period of three years and pay a fine of Rs.2,000/- for commission of offence punishable under Section 306 IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period six months.
Before adverting to the merits of the appeal, it is necessary to advert to the basic facts, which led to the lodging of the FIR. Vidya Wanti, mother of the deceased, gave an affidavit Ex.PW-4/A to the police on 05.12.2006 relating the incident in which her son Sanjay had died. Sanjay was running a kiryana shop in his house for over a year. Ravi Taneja - appellant had also a shop adjoining to Sanjay's shop. The business of the appellant got affected on account of shop opened by the complainant's son. The appellant used all means to cause loss to Sanjay and even threatened to involve him in false cases. Sanjay had a speech impediment and used to stammer. The appellant used to threaten him that he would disclose about his impediment to his in- laws. Sanjay's wedding was fixed for 08.12.2006. The appellant started defaming her son which caused stress and he was depressed. Sanjay (deceased) had disclosed to his mother that Ravi Taneja used to irritate him all the time. The complainant had further disclosed that on 03.12.2006 her son had told her in the morning that there was no purpose in marrying as Ravi Taneja would not allow him to settle in life. Sanjay left the house that morning saying that he was to attend a Satsang. The complainant disclosed that a telephone call was received at about 12.15 pm that her son had committed suicide by jumping before a running train. Some papers containing his writing were recovered from his pocket which were handed over to the police. Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -3-
The police acted on the complaint and registered the FIR and completed the investigation and laid a report against the accused under Section 306 IPC.
Charge was framed under Section 306 IPC to which the accused pleaded not guilty and claimed trial.
The prosecution examined Dina Nath Goel-PW-1, Station Master, Railway Station, Abohar who deposed that a person was crushed under the train and he had sent memo Ex.P.1 to SHO, GRPF. Krishan Lal, Gate Man - PW-2 deposed that he was informed by the Guard R.P.Singh that someone had been hit and the dead body was lying. He proceeded to the spot and found dead body lying in the middle of track. The head of the dead body was cut off. He stated that GRPF personnel reached the spot and the body was identified by Rajinder Kumar, who disclosed the name of the deceased. All the articles along with scooter were taken into police possession.
Dr. Baldev Raj, CMO - PW-3 had conducted the postmortem examination on the dead body of Sanjay Kumar. He had found the following injuries on the person of Sanjay deceased:
1. Skull was crushed badly in upper and posterior parts.
Brain was crushed. Base of skull was fractured. Left ear was also crushed.
2. Right leg was amputated just above the ankle joint.
3. Left upper limb was amputated at the level of elbow joint.
4. Multiple reddish lacerated wound were present just below chin and neck.
5. Right thigh and left thigh were fractured just above knee Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -4- joints.
6. Multiple reddish abrasions were present on all over chest and abdomen.
The cause of death was stated to be coma as a result of crushed injuries of brain, which was sufficient to cause death in ordinary course of nature. All the injuries were ante mortem in nature.
Vidya Wanti - PW-4 had deposed that Ravi accused was running a kiryana shop adjoining her son's shop and ever since the shop was opened the sales in the shop of the accused had reduced and his business was being affected. She deposed that the accused started harassing her son and started to blackmail her son and threatened to get a false case registered against him. She stated that she did not know how the accused was causing embarrassment to her son. She stated that her son was not in a position to speak and Ravi had threatened that he would not allow him to perform his marriage and would tell the family members of the bride about his defect. She stated that the marriage was fixed for 08.12.2006. She stated that her son did not tell them about this fact. The witness corrected herself at once and deposed that her son had told her about this and she along with Jagdish and Krishan Kumar had gone to Ravi's shop and had advised him not to harass her son in future. She corrected herself and stated that Ashish Kumar had also accompanied her. She stated that after this, the accused remained quiet for some days but again started the harassment. She stated that on 03.12.2006 her son went to attend the Satsang along with the accused. She stated that while her son was leaving the house, he had told her that Ravi Taneja would not let him settle in life. She stated that at 12.15 pm information was Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -5- received that her son had committed suicide and the suicide note was recovered from his body. She stated that she gave an affidavit Ex.PW-4/A to the police. She also identified the writing of her son on Ex.PW-4/B to Ex.PW-4/F. She stated that she mentioned in the affidavit that the accused was threatening and blackmailing her son. The witness was confronted with the statement Ex.PW-4/A where it was not so recorded.
Amit Kumar - PW-5 nephew of the deceased disclosed that Ravi Taneja was harassing Sanjay and he had identified the body and his statement was taken by the police. He stated that the articles, which were recovered by the police, were taken into possession vide recovery memo Ex.PW-5/B. He also identified the hand writing of his uncle on the suicide note as well as on the note book Ex.PW-4/J. Jagdish Kumar @ Jagga - PW-6 neighbour of the accused, supported the prosecution version with respect to the visit made by Vidyawanti, Ashish Adlakh and himself to the shop of the accused. He stated that deceased Sanjay disclosed to his mother that the accused was harassing him. His statement is mere hearsay and cannot be accepted.
Prem Lal, Head Constable, GRPF - PW-7 had handed over the currency notes, other belongings and the slips recovered from the pocket of the deceased. He stated that a Bajaj Chetak scooter in a working condition was recovered from near by the railway track. All the articles were taken into police possession.
Dishi Tailor - PW-10 had stated that deceased Sanjay had come to his shop on 28.11.2006 for getting a pant and shirt stitched as his marriage was fixed for 08.12.2006. He stated that clothes were Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -6- to be delivered to him on 04.12.2006.
Rajinder Kumar - PW-13 stated that the Sanjay, his brother, had committed suicide on account of the harassment caused by the accused.
The Guard at Head Quarter, Bathinda spoke about the body recovered from the track. Gursewak Singh, SHO - PW-18 is the investigating officer. He had investigated the matter and had handed over the note book. He stated that he did not collect any material to find out if the deceased was to get married. He stated that he did not record the statements of his would be father-in-law or the girl.
After conclusion of the evidence, the accused in his statement recorded under Section 313 Cr.PC abjured the trial and pleaded false implication. He stated that the deceased had speech problem and was not able to speak properly and he could not get married and out of frustration, he had committed suicide.
The trial court had convicted the appellant to the sentence mentioned hereinbefore.
I have heard the submissions made on behalf of counsel appearing for the parties and carefully perused the record with their assistance.
It was urged that in the present case, there was no evidence of harassment and it is not a case that the accused had met the deceased on the day of suicide i.e. on 03.12.2006 and the prosecution witness have made improvements at the trial. It was urged that there is no evidence that the marriage of Sanjay had been fixed for 08.12.2006 and the investigating officer did not care to collect any evidence in this regard. It was urged that there was no material Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -7- from which it could be proved that the note book, which was produced had the writings in the hand of the deceased and it has been manipulated. It was urged that if the complainant was aware of the harassment prior to 03.12.2006 and if the slips had been recovered then the matter would have been reported on the same day and there is a delay in lodging the FIR. It was contended that the report given by the hand writing expert is not clear or definite and the opinion was inconclusive and they had asked for some more material to give a definite view. It was urged that there was no complaint earlier. It was contended that even if the suicide note is taken into consideration, then it would reveal that it does not refer to any harassment on account of speech impediment and it refers to some incident where Vicky brother of Jagge had died. It was urged that Vidya Wanti had spoken of the fact that her son left with Ravi Taneja on 03.12.2006 and they were friends and it does not appear normal that a person, who is harassing another would go together and there is no evidence that the appellant had been instigated to put an end to his life and the basic ingredients contained in Section 107 IPC had not been proved. Reliance was placed on Ramesh Chander Sibbal vs. State (Govt. of NCT of Delhi) 2010(1) RCR (Criminal) 673, K.R.J. Sarma vs. R.V.Surya Rao and another, 2013(2) RCR (Criminal) 930, Madan Mohan Singh vs. State of Gujarat & another, 2010(4) LLJ 849 and Bura Manohar vs. State of A.P., 2003(1) RCR (Criminal) 367.
On the other hand, the contention made on behalf of the State as well as the complainant was that there was constant harassment by the appellant, which forced the deceased to put an end Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -8- to his life and it was the accused who had engineered the suicide and there is a reference to his name in the suicide note and there was no delay in lodging the FIR. It was contended that the punishment awarded to the appellant was less and the sentence be enhanced keeping the circumstances in view.
On close and careful scrutiny of the oral evidence of the prosecution witnesses it is found that the witnesses have spoken about the marriage which was to take place after 5 days. Vidya Wanti PW-4 and Jagdish Kumar @ Jagga - PW-6 have spoken about it and this fact also find a place in the complaint Ex.PW-4/A given by Vidya Wanti on 05.12.2006. The case projected by the prosecution is that Sanjay had speech impediment and his neighbour - Ravi Taneja used to harass him and made fun of him and threatened to expose this disability to his in-laws, which led to the suicide. The aforesaid prosecution witnesses have also categorically stated in their testimony before the trial court that Sanjay had fears in his mind that the marriage would not take place or will not marry throughout the life as Ravi would convey about his disability to his in-laws. The prosecution had relied upon suicide notes written by the deceased, which are Ex.PW-4/B to PW-4/H which only convey the fact that Ravi was accusing him of causing the death of Vicky and that the deceased was in constant fear. They refer to the fact that Ravi was practicing black magic and Ravi had full control over him. Some of the suicide notes refer to the fact that he had been forced to close the shop at 4.00 pm and he was feeling harassed.
Before going into the merits of the submissions, it is necessary to refer to the provisions, which deal with abetment of Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -9- suicide. Section 306 IPC and Section 107 IPC are the relevant provisions. Section 306 IPC defines abetment to suicide:
"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 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.
From a bare reading of the provision, it is clear that to constitute an offence under Section 306 IPC, the prosecution has to establish: (i) that a person committed suicide, and (ii) that such suicide was abetted by the accused. In other words, an offence under Section 306 would stand only if there is an "abetment" for the commission of the crime.
The parameters of "abetment" have been stated in Section 107 of the IPC, which defines abetment of a thing as follows:
107. Abetment of a thing A person abets the doing of a thing, who -
Firstly- 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 Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -10- 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 thereof, is said to aid the doing of that act. In Randhir Singh vs. State of Punjab, 2004(4) RCR (Criminal) 740 the Hon'ble Apex Court has held as follows:
"Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 IPC."
In State of W.B. v. Orilal Jaiswal, AIR 1994 SC 1418 the Hon'ble Apex Court has observed that the courts should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty.
Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -11-
Further in the case of Kishori Lal v. State of M.P. (2007) 10 SCC 797, the Apex Court gave a clear exposition of Section 107 IPC when it observed as follows in para 6:
"The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section
107. Section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished with the punishment provided for the original offence. "Abetted" in Section 109 means the specific offence abetted. Therefore, the offence for the abetment of which a person is charged with the abetment is normally linked with the proved offence."
The Hon'ble Apex Court has consistently taken a view that before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and assess the evidence before it in order to find whether the harassment meted out on the victim had left the victim with no alternative but to put an end to his life. In cases of abetment of suicide, there must be proof of direct or indirect acts of incitement regarding the commission of offence of suicide. Mere allegations of harassment without their being any positive action proximate to the time of occurrence on the part of the accused is fatal. The prosecution has to prove that there was certain acts preceding the suicide, which led or compelled the victim to put an end to his life.
In Amalendu Pal @ Jhantu vs. State of West Bengal, 2010(1) SCC 707, the Hon'ble Apex Court had held as under:
"In order to bring a case within the purview of Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -12- 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 certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC."
The issue that now arises for consideration is whether any of the aforesaid clauses namely firstly along with explanation 1 or more particularly thirdly with explanation 2 to Section 107 IPC are attracted to the facts and circumstances of the present case so as to bring this case within the purview of Section 306 IPC.
The complaint refers to the marriage of Sanjay, which was to take place on 08.12.2006. The investigating officer did not collect any material to show that the wedding date of Sanjay had been fixed for 08.12.2006. It is not disputed that the deceased was suffering from a speech impediment. It is spoken of not only by the prosecution witnesses but also by the accused in his statement recorded under Section 313 Cr.PC. The suicide notes projected by the prosecution do not refer to this fact though it is disclosed in the complaint. There is no reference to the fact that his marriage had been fixed or that the appellant was threatening to disclose about his disability to his in-laws. It is surprising that the investigating officer did not collect any evidence with respect to the family in which the victim was to marry, no names have figured in any statement even no witness was recorded from the girl's side. The question would arise whether at all, his marriage had been fixed for 08.12.2006. There is no Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -13- material to give a finding in favour of the prosecution.
The suicide notes produced by the prosecution refer to the name of Ravi Taneja and that he had been forced to shut the shop at 4.00 pm. There is a reference to the fact that Ravi had full control over him due to black magic and he was following whatever was told and Ravi was accusing him of killing Vicky. The question that also falls for deliberation is whether the writing was that of Sanjay.
The prosecution had produced a report to show that the hand writing on the suicide notes and the note book were similar. At this juncture, reference to the report is necessary. The Expert in his report Ex.PW-18/10 had only concluded that there was some similarity but to give a definite opinion and for thorough scientific examination they required some more material in Hindi and English written near about the same period of questioned writings containing similar letters, words and combinations. The report does not give a definite opinion that the writings were of the deceased.
Vidya Wanti has stated that she knew for a long time that Ravi had been harassing her son. As per her version, she and some other persons had gone to his shop and asked him to desist from harassing her son. The prosecution had produced those witnesses. With this background, if the suicide notes had been found immediately after the discovery of the dead body, there is no reason why it took two days to make a complaint. The intervening period has been spent to concoct a story and to give a coloured version.
The prosecution has led no evidence to show that there was any harassment on the previous day or on the day the incident occurred. The victim was at home in the morning. It is not the case Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -14- of the prosecution in the first report that Ravi Taneja had accompanied the victim for the Satsang. The complainant has made an improvement during trial. It has not been proved that Ravi Taneja had accompanied Sanjay for the Satsang. If the appellant had been teasing and harassing the deceased there was no reason that they would go together to attend the Satsang.
There is no evidence that the appellant had played any active role either in instigating or aiding the commission of suicide nor there is any evidence that the appellant by his act or conduct had instigated or provoked the deceased to commit suicide which could have been said to have facilitated the commission of suicide.
There has to be material to show that the accused had the necessary mens rea that the deceased should took the extreme step of committing suicide. Even if it is accepted that the suicide notes were written by the deceased even then it would not be enough to prove that it was a case of abetment. The prosecution had to first show that there was instigation, goading or provocation which is absent in this case . There is no evidence either that the accused had encouraged or intended to aid the commission of the principal offence.
The so called suicide notes do express anguish by the deceased. They also refer to the fact that deceased was insulted and he was scared of the appellant but that is not enough as they do not express any intention on the part of the accused. The Courts have to be extremely careful in the cases like the present one as the main person is not available for the cross-examination and unless there are specific allegations and material of definite nature, it would be hazardous to record conviction. The act of causing humiliation or Bura Sonia 2013.09.06 12:18 I attest to the accuracy and integrity of this document Chandigarh CRA No.1904-SB of 2009 (O&M) -15- embarrassment does not fall within the definition of abetment. There is no evidence that the accused had played an active role or had done certain acts to facilitate the commission of suicide.
For the foregoing reasons and discussion, the judgment of conviction and order of sentence passed by the trial court is set aside. The appeal filed by Ravi Taneja is allowed and he is acquitted. His bail bonds and surety bonds stand discharged. Lower Court records be sent back.
29.08.2013 (Anita Chaudhry)
sonia Judge
Bura Sonia
2013.09.06 12:18
I attest to the accuracy and
integrity of this document
Chandigarh