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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.519 OF 2017
Kavish s/o. Ramakant Sapre,
Aged about 20 years, Occ.
Education, r/o. Vitthal Nagar,
Digras, Tq.Digras, Distt.
Yavatmal. .......... APPLICANT
// VERSUS //
1.The State of Maharashtra,
Through Police Station
Officer, Digras, Tq.Digras,
Distt. Yavatmal.
2.Ramesh Narayan Udakhe,
Aged about 48 years, Occ.
Service, r/o. Padgilwar
Layout, Digras, Tq.
Digras, Distt.Yavatmal. .......... RESPONDENTS
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____________________________________________________________
Mr.Jafar A. Malnas, Advocate with Mr.Taj M. Malnas,
Advocate for the Applicant.
Mr.T.A.Mirza, A.P.P. for Respondent No.1/State.
____________________________________________________________
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Date of reserving the Judgment : 6.12.2017.
Date of pronouncement of Judgment : 12.12.2017.
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CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
JUDGMENT (Per M.G.Giratkar, J) :
1. The Criminal Application is admitted and heard finally with the consent of the learned Counsel for the respective parties.
2. The applicant has challenged First Information Report No.297 of 2017, dt.22.6.2017 registered by respondent no.1 at Police Station, Digras for the offence punishable under Section 306 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000.
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3. It is submitted by the applicant that he is a student of Engineering and studying in B.E. (Second year) at Babasaheb Naik Engineering College at Pusad. It is alleged in the F.I.R. that the daughter of complainant namely Kajal, who was studying with the applicant in Babasaheb Naik Engineering College, committed suicide on 21st June, 2017 by hanging herself. It is alleged in the report that deceased Kajal was in love with one Gaurav Laxman Mange. There was break up between them. Thereafter, she was in love with the applicant. When the applicant came to know about her previous love affair, he started harassing her by sending messages on her mobile phone making allegations that she is characterless etc. It is alleged in the F.I.R. that, because of mental harassment of the applicant, she has committed suicide.
4. It is submitted that the applicant has neither harassed her nor sent any message. He is falsely implicated in the crime. Therefore, it is prayed to quash and set aside the crime registered against him.
5. Heard Mr.Malnas, learned Counsel for the applicant. He has submitted that the allegations made in the F.I.R. are not ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 ::: 4 apl519.17.odt sufficient to constitute an offence punishable under Section 306 of the Indian Penal Code. There should be abetment as defined under Section 107 of the Indian Penal Code. There was no any instigation on the part of applicant to commit suicide by the deceased. In support of his submissions, the learned Counsel has pointed out the decisions in the cases of Sanju @ Sanjay Singh .vs. State of M.P. reported in AIR 2002 SC 1998 and Madan Mohan Singh .vs. State of Gujarat and another reported in (2010) 8 SCC 628.
8. Heard Mr.T.A.Mirza, learned A.P.P. for Respondent No.1/State. He has supported the action of respondent.
9. Perused the F.I.R. From the bare reading of report lodged by respondent no.2, it is clear that no any suicide note was found with the deceased. The deceased has committed suicide in her own house at the residence of her father i.e. respondent no.2. After her death, respondent no.2 lodged report alleging that he came to know about the love affair of applicant with his daughter. He came to know that the applicant used to send vulgar messages and harass her. It is alleged in the report that applicant came to know about the previous love affair of Kajal with one Gaurav Mange. There was ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 ::: 5 apl519.17.odt break up. Thereafter, she started love affairs with the applicant. When applicant came to know about her previous love affair, he started to harass her. In the F.I.R., it is alleged that he sent message to the deceased stating "Chinal, bajaratil baya barya, tu characterless aahe, laj watte ka, pakadla watte dusara boy friend".
10. Whether the allegations made in the F.I.R. are sufficient to constitutean offence or whether it amounts to abetment as defined under Section 107 of the Indian Penal Code is to be decided. In the case of Sanju @ Sanjay Singh Sengar vs. State of M.P. (supra), Hon'ble Supreme Court has held that utterance of words "to go and die" does not amount to instigation as defined under Section 107 of the Indian Penal Code. It is observed by Hon'ble Supreme Court that "quarrel between accused and deceased. Accused telling deceased 'to go and die' - That itself would not constitute ingredient of 'instigation' - Presence of means rea is necessary concomitant of instigation - Fact that deceased committed suicide after two days of quarrel during which said words were uttered by accused - Would show that suicide was not direct result of quarrel - Suicide note left by deceased showing that he was in great stress and depression - Statement by his wife that he was frustrated man and was in habit of ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 ::: 6 apl519.17.odt drinking - Held, charge-sheet framed under Section 306 against accused was liable to be quashed and set aside. "
11. In the present case, no specific date is given in the F.I.R. to show that on a particular date applicant sent message and due to that reaction, deceased committed suicide. Therefore, it is clear that the message sent by the applicant was not sufficient to abet the deceased to commit suicide.
12. In the case of Madan Mohan Singh .vs. State of Gujarat and another (supra), the Hon'ble Supreme Court has observed that "intention of accused to aid or to instigate or to abet the suicide must be proved. Suicide note of deceased implicating appellant/accused was more in the nature of departmental complaint, suggesting some mental imbalance on the part of deceased which he himself described as depression. Even in so-called suicide note, it could not be said that accused ever intended that the driver under him should commit suicide or should end his life, and accused did not do anything in that behalf. Merely because a person had a grudge against his superior officer and committed suicide on account of that grudge, even honestly feeling that he was wronged, it would still not ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 ::: 7 apl519.17.odt be a proper allegation for basing a charge under Section 306 of the Indian Penal Code. Thus, ingredients for sustaining conviction under Sections 306 and 107 are not proved against the petitioner." Therefore, the F.I.R. was quashed by the Supreme Court.
13. In the present case, no any suicide note was left by the deceased. The allegations made in the report by respondent no.2 are not sufficient to constitute abetment as defined under Section 107 of the Indian Penal Code. Respondent no.2 though served, he remained absent.
14. From the plain reading of report lodged by respondent no.2, it is clear that prima facie offence punishable under Section 306 of the Indian Penal Code is not made out against the applicant. From the face value of F.I.R. Itself, it could be seen that the applicant is falsely implicated. Hence, in view of Judgment of Supreme Court in the case reported in 1992 Supp (1) SCC 335 , State of Haryana .vs. Bhajan Lal, the F.I.R. lodged against the applicant is liable to be quashed and set aside. Hence, we pass the following order. ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 :::
8 apl519.17.odt // ORDER // The application is allowed in terms of prayer clause (a) of the application.
First Information Report No.297/2017, dt.22.6.2017 against the applicant registered in Police Station, Digras is hereby quashed and set aside.
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 ::: 9 apl519.17.odt ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:33 :::