Telangana High Court
Banala Laxmi Narayana vs The State Of Telangana on 12 June, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.1621 OF 2024
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner/accused No.1 in FIR.No.5 of 2024 pending before the Neradigonda Police Station, Adilabad District, registered for the offences punishable under Sections 306 read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC').
2. The brief facts of the case are that the respondent No.2/de facto complainant lodged a complaint before the Neradigonda Police Station stating that her husband had land disputes with petitioner/accused No.1 and other accused and in view of the said disputes, the accused persons used to interrupt her husband from working in the fields. Thereafter, on 17.01.2024 when the husband of respondent No.2 reached his fields to put water to the crops, being disturbed, disgusted and scared of the torture poured in by the accused persons, he committed suicide by consuming pesticide poison and wrote the names of accused persons in a slip.
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3. On receipt of said complaint, the Police investigated the matter and charged the petitioner arraying him as accused No.1 for the offences punishable under Sections 306 read with Section 34 of IPC. Aggrieved thereby, this Criminal Petition is filed.
4. Heard Sri MVR Rikesh, learned counsel for petitioner/accused No.1, Sri S.Ganesh, learned Assistant Public Prosecutor, appearing for respondent No.1 - State, and Sri Ramakrishaiah, learned counsel for respondent No.2.
5. Learned counsel for petitioner submitted that Section 306 of IPC does not attract in the present case. He asserted that except the alleged writing of names in a slip before committing suicide, no other material is placed on record to prove that the petitioner has caused any harm to the deceased or is in any way responsible for the suicide committed by the deceased or has instigated him in any manner. He reiterated that the complaint averments do not attract the ingredients under Section 107 of IPC. Therefore, prayed this Court to allow the Criminal Petition by quashing the proceedings against the petitioner. 3
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6. Per contra, the learned Assistant Public Prosecutor, and the learned counsel appearing for respondent NO.2/de facto complainant, respectively, submitted that the petitioner/accused No.1 threatened the deceased and interrupted him several times to enter his own agricultural fields. The learned Assistant Public Prosecutor asserted that as per the complaint averments, the petitioner/accused No.1 used filthy language and tortured him due to which the deceased committed suicide. Therefore, while lamenting that the allegation against the petitioner/accused No.1 being serious in nature, prayed this Court to dismiss the petition.
7. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the primary allegation levelled against the petitioner/accused No.1 is that due to his torture, abuse and harassment with regard to the land dispute, the husband of the respondent No.2 committed suicide while writing the names of petitioner/accused No.1 and other accused persons in a slip of paper.
8. At this juncture, it is imperative to note that to quash the proceedings under Section 482 of Cr.P.C., the Court has to see 4 SKS,J Crl.P.No.1621 OF 2024 whether the averments in the complaint would prima facie show that the offence as alleged by the Police constitutes.
9. As per the judgment of the Hon'ble Supreme Court in the State of Madhya Pradesh vs. Surendra Kori 1, paragraph No.14 reads as under:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material." 1
(2012) 10 SCC 155 5 SKS,J Crl.P.No.1621 OF 2024
10. Section 306 of the IPC reads as under:
"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."
11. To prove the offence under Section 306 of IPC, the prosecution has to prove that the deceased committed suicide due to the abetment of the petitioner/accused. Section 107 of IPC defines abetment to mean that a person abets the doing of a thing, if he/she, firstly, instigates any person to do that thing; secondly, engages with one or more other person(s) in any conspiracy for the doing of that thing; thirdly, by an act or illegal omission, the doing of that thing.
12. Reverting back to the facts of the present case, it is noted that allegedly the petitioner/accused No.1 has threatened, harassed, disturbed and obstructed the husband of respondent No.2 and due to the said unbearable harassment, the deceased committed suicide. That being so, this Court is of the view that whether the same constitutes an offence against the petitioner or 6 SKS,J Crl.P.No.1621 OF 2024 whether the same amounts to instigation under Section 107 of IPC, can be decided only after full-fledged trial.
13. In view of the facts and circumstances of this case, and as per the law laid down by the Hon'ble Supreme Court in the case of State of Madhya Pradesh (supra) this Court is of the view that the matter needs full-fledged trial and there are no merits in this Criminal Petition and the same is liable to be dismissed.
14. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date:12.06.2024 PT