HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.4634 OF 2019
ORDER:
1. This petition is filed to quash the proceedings against the petitioners/A3 and A4 in S.C.No.106 of 2019 on the file of Principal District & Sessions Judge, Khammam.
2. Briefly, the case of the prosecution is that A1 is the younger sister of the deceased, A2 is the husband of A1 and petitioners/A3 and A4 herein are in-laws of A1. The petitioners/A3 and A4 along with A1 and A2 harassed the deceased. The father of the deceased and A1 worked as compounder in Ayurvedic Hospital at Aswaraopet and died while on duty eight years prior to the complaint. A1 and the deceased discussed about the compassionate appointment and since A1 was not interested, the deceased got the job. However, A1, A2 and these petitioners started harassing the deceased demanding 50% of her salary or Rs.15.00 lakhs, failing which they would create hurdle in her job and vexed with the constant harassment, the deceased committed suicide.
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3. On the basis of the complaint of the husband of the deceased, the petitioners and two others were charge sheeted.
4. Learned counsel for the petitioners would submit that there is absolutely no allegation against these petitioners except vaguely stating that they were harassing the deceased. As seen from the complaint there was a demand for Rs.15.00 lakhs, which was not specifically mentioned that these petitioners have demanded. Since the allegations are omnibus in nature, the question of abetting does not arise. He relied on the judgment of Hon'ble Supreme Court in the case of M.Mohan v. State, represented by the Deputy Superintendent of Police1, wherein it is held as follows:
"43. This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) [(2009) 16 SCC 605 : (2010) 3 SCC (Cri) 367] had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the word "instigation" and "goading". The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the others. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
44. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive 1 (2011) 3 Supreme Court Cases 626 3 act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
45. The intention of the legislature and the ratio of the cases decided by this Court are 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 this act must have been intended to push the deceased into such a position that he/she committed suicide."
5. He also relied upon the judgments in Amalendu Pal alias Jhantu v. State of West Bengal2 and Rajesh v. State of Haryana [Criminal Appeal No.93 of 2019], which gave guidelines regarding what amounts to abetment of commission of suicide. For the said reasons, when none of the ingredients of Section 306 of IPC are made out to show that there was any kind of abetment, the question of prosecuting the petitioners does not arise.
6. On the other hand, learned Public Prosecutor submits that it is specifically mentioned that these petitioners and A1 and A2 were harassing the deceased for which reason, she committed suicide. Whether the petitioners are involved or not 2 (2010) 1 Supreme Court Cases 707 4 is the subject matter of trial to be decided by the trial court and sought for dismissal of the petition.
7. As seen from the dying declaration of the deceased, she mentioned that A1 and A2 and these petitioners were demanding Rs.15.00 lakhs or half of her salary. A1, who was studying MCA at the relevant time refused the job, which was given to the deceased. Unable to bear the continuous harassment, she committed suicide. In the present case, as seen from the dying declaration, the deceased wanted job to be given to her husband for the sake of children. Different persons react to situations differently. According to dying declaration, petitioners were continuously demanding Rs.15.00 lakhs or half of the salary, failing which, there would be threat to the job of the deceased.
8. In the said circumstances, whether the act of the constant demand of Rs.15.00 lakhs or half of the salary amounts to abetment of suicide, in the circumstances of the case, can only be decided during the course of trial. 5
9. For the said reasons, the Criminal Petition is devoid of merits and accordingly, the same is liable to be dismissed. However, the observations made in the present petition are at the threshold and any inference of abetting or otherwise can be drawn by the trial Court on the basis of the evidence adduced without being influenced by the findings in the present order.
10. In the result, the Criminal Petition is dismissed.
__________________ K.SURENDER, J Date: 17.11.2022 kvs 6 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4634 OF 2019 Date: 17.11.2022.
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