Yerra Shobha Rani vs The State Of Telangana
2022 Latest Caselaw 5970 Tel

            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.

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

(2011) 3 Supreme Court Cases 626

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

(2010) 1 Supreme Court Cases 707

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.4634 OF 2019

Date: 17.11.2022.

kvs