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Abetment To Suicide
Abetment To Suicide
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.817 OF 2018
1.Sunil Muneshwar Yadav,
Aged about 38 years, Occ.
Business.
2.Sau.Rashmi Sunil Yadav,
Aged about 35 years,
Occ.Business.
Both r/o. Swawlambi Nagar,
Kathora Naka, Amravati,
Distt. Amravati. …....... APPLICANTS
// VERSUS //
1.State of Maharashtra,
Through P.S.O., P.S., Gadge
Nagar, Tah. and District
Amravati.
2.Sau.Shilpa Pradip Yadav,
Aged about 28 years,
r/o. C/o. Nandlal (Munna)
Yadav, Near Floor Mill,
Ward No.2, Nandura, Tq.
Nandura, District. Buldhana. …....... RESPONDENTS
____________________________________________________________
Mr.P.V.Navlani, Advocate for the Applicants.
Ms T.H.Udeshi, A.P.P. for Respondent No.1.
Mr.A.S.Dhore, Advocate for Respondent No.2.
*******
Date of reserving the Judgment : 4.7.2019.
Date of pronouncement of the Judgment : 17.7.2019.
*******
CORAM : P.N.DESHMUKH
AND
PUSHPA V. GANEDIWALA, JJ.
ORAL JUDGMENT (Per P.N.Deshmukh, J) :
1. Rule returnable forthwith. Heard by consent of learned
Counsel for the respective parties.
2. This application is for quashing of F.I.R. No.561 of 2018
registered by nonapplicant no.1 on the complaint of nonapplicant
no.2 for the offence under Section 306 r/w. 34 of the Indian Penal
Code. It is the case of applicants that deceased Muneshwar Yadav
and Shobha Muneshwar Yadav were parents of applicant no.1, while
applicant no.2 is wife of applicant no.1. Nonapplicant no.2 Shilpa
incident, deceased parents of applicant no.1 and Complainant were
residing with the applicants who had married in the year 2009 and
the applicants used to take due care of deceased since both of them
Complainant Shilpa, deceased had elder daughter who was married
and who was staying at Yavatmal. Relations between Complainant
and deceased were not cordial since she had married with one Pradip
Yadav of Nandura against their wish and as such, after her marriage,
quarrels with them demanding partition in the immovable property.
Since the deceased were suffering from various ailments and were
agricultural land out of total land admeasuring 1 H 67 R in favour of
Complainant and remaining land was distributed amongst applicant
no.1 and his elder sister Sunita. It is specific case of the applicants
property, she was unhappy and used to quarrel with her parents .
Muneshwar was suffering from diseases like Enophthalmos, Chronic
admitted in hospital for medical treatment; while deceased Shobha
was suffering from Spondylitis as well as back problem due to which
she was unable to walk. Thus, according to the applicants, both the
deceased were suffering from physical ailments and on 12.6.2018,
applicant no.1 got to know about the incident on the following day
when he informed police upon which Marg No.43 of 2018 came to
be registered and was investigated.
Complainant was unhappy as she was bequeathed with share less in
quantity as compared to applicant no.1 and her elder sister Sunita,
though she attended funeral on 12.6.2018, she did not choose to
lodge report on the same day; however, lodged false report two days
deceased to commit suicide. It is submitted that, in fact, from the
above facts it appears that nonapplicant no.2 has lodged false report
as her relations with her parents were strained due to her performing
love marriage with Pradip Yadav against wish of her parents and
applicant no.1 and her elder sister Sunita. It is, therefore, contended
aforesaid is registered, which is prayed to be quashed.
5. Similar is the case of prosecution on facts as mentioned
in para no.4 of it's reply, which is reproduced as below :
“4. The case of the prosecution is that, the applicant no.1
is an elder son of the deceased parents. The applicant no.1
being elder brother having two small sisters namely Sunita
Pravin Yadav aged about 34 years and Shilpa Pradip
Yadav aged about 28 years. The deceased parents were
residing with the applicants. The applicant no.1 has
married with applicant no.2 in the year 2009 and they
have two daughters. The applicants were taking care of
their parents. The parents being old were suffering from
various diseases. The elder daughter of the deceased
namely Sau. Sunita Pravin Yadav had married to Pravin
Yadav in the year 2009. One Pradip Yadav of Nandura is
in relation with Pravin Yadav. Pradip Yadav and small
sister of applicant no.1 Shilpa had performed love
marriage against the wishes of parents and because of
which parents were annoyed.
submitted that no case is made out for quashing of F.I.R.
6. In view of above rival submissions, we, at the outset, find
that applicants' case of deceased having sustained physical ailments
record wherefrom it is found that, since 2015 till March, 2018 when
they committed suicide, time and again they were required to obtain
both the deceased were not keeping good health. It is material to
deceased were not cordial as she had married against their wish.
Case of applicants of both the deceased executing their Wills and
bequeathing amount of share to applicant no.1, his sister Sunita and
Complainant Shilpa has been further substantiated from the copies of
Wills on record. In that view of the matter, applicants' case of Shilpa
having got less share as compared to applicant no.1 and her elder
established and therefore, it is material to note that, after deceased
Complainant was present for funeral, She did not choose to lodge
report on the same day, but had lodged the same belatedly two days
thereafter.
7. Apart from above, perusal of case diary and F.I.R. would
reveal that, even prior to lodging of such report, relations between
nonapplicant no.2 and applicant no.1 were strained and for this
given by applicants to her parents, they have abetted commission of
suicide by them. From the report, it is also noted that nonapplicant
no.2 since got married against wish of her parents, was not on
Sangita Yadav was on visiting terms with Complainant's parents and
it is alleged that, during that time, she used to call Sangita on her
mobile phone and used to talk to her mother who used to cry. It is to
be noted that there is no mention of reason for Complainant's mother
crying on phone when she used to talk to Complainant as alleged in
the report. Moreover, we do not find statement of Sangita Yadav in
matter, above aspect in the report need no further consideration.
8. From the case diary, though we find that statement of
there are no other statements of any independent witnesses. As such,
there is nothing to substantiate the case of nonapplicant no.2.
9. In the case of Chitresh Kumar Chopra .vs. State (Govt.
occasion to deal with this aspect of abetment. The Court dealt with
The Court opined that there should be intention to provoke, incite or
suicidability pattern is different from the other. Each person has his
own idea of selfesteem and selfrespect. Therefore, it is impossible to
lay down any straitjacket formula in dealing with such cases. Each
circumstances.
10. By now, in a catena of judgments, the Apex Court
has considered the scope and meaning of “abetment” under Sections
107 and 306 of the Indian Penal Code to find out whether the charge
and conviction for an offence under Section 306 of the Indian Penal
Code can be sustained merely on the allegations of harassment of
attracted on the basis of the statement of the deceased.
ambit of Section 306 of the Indian Penal Code, it is important to
Section, is reproduced, thus:
“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.”
“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.
Illustration :
A, a public officer, is authorized by a warrant from a Court
of Justice to apprehend Z. B, knowing that fact and 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.”
offence provided in the Act as an offence. A person, abets the doing of
a thing when he instigates any person to do that thing; or (2) engages
with one or more other persons in any conspiracy for the doing of that
thing; or (3) intentionally aids, by act or illegal omission, the doing of
that thing. These things are essential to complete abetment as a crime.
The word “instigate” literally means to provoke, incite, urge on or bring
clauses of Section 107. As such, in case of abetment of suicide there
must be proof of direct or indirect acts of incitement to the commission
of suicide.
13. After considering the above facts and legal propositions,
when the F.I.R. as well as statements are perused, they do not spell
out any of the ingredients attracting Section 306 of the Indian Penal
manner, abetted or instigated deceased to commit suicide. On the
contrary, from the complaint as well as statements of Complainant
and her husband, it is revealed that relations between the deceased
married against their wish. In fact, from the documents filed along
applicants were providing due medical treatment and taking care of
matter, we can safely arrive at the conclusion that applicants are not
“abetment” as required are attracted against them for the offence
registered since it is necessary for prosecution to atleast prima facie
such material, applicants cannot be prosecuted for Section 306 of the
Indian Penal Code. In that view of the matter, Criminal Application
is liable to be allowed. The application is accordingly allowed.
Rule is made absolute in terms of prayer clause (i) of the
application. No order as to costs.
JUDGE JUDGE
[jaiswal]