Case BriefsHigh Courts

Gujarat High Court: Gita Gopi, J., while addressing an issue with regard to abetment to suicide held that in accordance with the ingredients of Section 306 of the Penal Code, 1860 the act of demanding the repayment of money would not bring a case within the meaning of Section 306 of the Penal Code, 1860.

The instant petition was filed under Section 482 of the Code of Criminal Procedure for quashing and setting aside the first information under Sections 306, 384, 385, 387 of the Penal Code, 1860 and Section 40 of the Gujarat Money Lenders Act and proceedings initiated in pursuance thereof.

Allegation

Deceased had borrowed money from the present applicant and the applicant was often demanding repayment along with interest and the husband of the complainant could not make arrangements of the money and remained under tension.

Further, it was alleged that the applicant used to often threaten him on phone for the money and had instigated the complainant husband to commit suicide.

Appearance: Rathin P Raval for applicant 1, Nirali Gajjar for respondent 2 and Pranav Trivedi for respondent 1.

Decision

Bench referred the Supreme Court decision in M. Mohan v. State, (2011) 3 SCC 626, with regard to the ingredients of Section 306 of the Penal Code, 1860.

Court stated that the act of demanding the repayment of money would not bring a case within the meaning of Section 306 of the Penal Code, 1860. There would not be any mens rea of the applicant as he would not be benefitted from the act of suicide of the deceased and thus prima facie the allegation in the FIR taken at its face value do not prima facie constitute any offence or make out a case against the accused.

Hence, the High Court allowed the present petition in the above-view. [Jorubhai Amrubhai Varu v. State of Gujarat, 2020 SCC OnLine Guj 1189, decided on 19-08-2020]

Case BriefsSupreme Court

“When truth meets sunshine, justice will not prevail on the living alone but after Life’s fitful fever, now the departed will also sleep well. Satyameva Jayate.”

Supreme Court: A single judge bench of Hrishikesh Roy, J has held the ongoing investigation by the CBI to be lawful and further directed that if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well. Such enabling order will make it possible for the CBI to investigate the new case, avoiding the rigors of Section 6 of the DSPE Act, requiring consent from the State of Maharashtra.

BACKGROUND OF THE CASE

The order came on Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra. Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities. Bihar Police had, however, recommended for a CBI probe into death case of actor and the Centre has accepted the same.

DETAILED ANALYSIS OF THE JUDGMENT

TRANSFER POWER UNDER SECTION 406 CRPC

The scope of exercise of this power is for securing the ends of justice. The precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court believed that the trial may be prejudiced and fair and impartial proceedings cannot be carried on, if the trial continues. The Court held that only cases and appeals (not investigation) can be transferred.

SCOPE OF SECTION 174 CRPC PROCEEDING AND MUMBAI POLICE’s EXERCISE OF POWER THEREOF

The Court noticed that the proceeding under Section 174 CrPC is limited to the inquiry carried out by the police to find out the apparent cause of unnatural death. These are not in the nature of investigation, undertaken after filing of FIR under Section 154 CrPC.

It further said that the Mumbai Police has attempted to stretch the purview of Section 174 without drawing up any FIR and therefore, as it appears, no investigation pursuant to commission of a cognizable offence is being carried out by the Mumbai police. They are yet to register a FIR. Nor they have made a suitable determination, in terms of Section 175(2) CrPC. Hence,

“The inquiry conducted under Section 174 CrPC by the Mumbai police is limited for a definite purpose but is not an investigation of a crime under Section 157 of the CrPC.”

JURISDICTION OF PATNA POLICE TO REGISTER COMPLAINT

The Court held that the Patna police committed no illegality in registering the Complaint. Looking at the nature of the allegations in the Complaint which also relate to misappropriation and breach of trust, the exercise of jurisdiction by the Bihar Police appears to be in order.

“Registration of FIR is mandated when information on cognizable offence is received by the police and at the stage of investigation, it cannot be said that the concerned police station does not have territorial jurisdiction to investigate the case.”

Moreover, the allegation relating to criminal breach of trust and misappropriation of money which were to be eventually accounted for in Patna (where the Complainant resides), could prima facie indicate the lawful jurisdiction of the Patna police.

It has hence, been held that the stage of investigation, they were not required to transfer the FIR to Mumbai police. For the same reason, the Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful.

INVESTIGATION ENTRUSTMENT TO CBI

“While the CBI cannot conduct any investigation without the consent of the concerned state as mandated under section 6, the powers of the Constitutional Courts are not fettered by the statutory restriction of the DSPE Act.”

The Court noticed that the FIR at Patna was transferred to the CBI with consent of the Bihar government during pendency of this Transfer Petition. However, in future, if commission of cognizable offence under section 175(2) CrPC is determined, the possibility of parallel investigation by the Mumbai Police cannot be ruled out. Section 6 of the DSPE Act, 1946 read with Section 5 prescribe the requirement of consent from the State government, before entrustment of investigation to the CBI.

“As the CBI has already registered a case and commenced investigation at the instance of the Bihar government, uncertainty and confusion must be avoided in the event of Mumbai Police also deciding to simultaneously investigate the cognizable offence, based on their finding in the inquiry proceeding.”

The Court was hence of the opinion that a decision by this Court on the point would confer legitimacy to the investigation.

“… for the innocents, who might be the target of vilification campaign. Equally importantly, when integrity and credibility of the investigation is discernible, the trust, faith and confidence of the common man in the judicial process will resonate.”

COURT’S DIRECTION ON INVESTIGATION

Noticing that as because both states are making acrimonious allegations of political interference against each other, the Court said that the legitimacy of the investigation has come under a cloud. Accusing fingers are being pointed and people have taken the liberty to put out their own conjectures and theories.

“Such comments, responsible or otherwise, have led to speculative public discourse which have hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation.”

The Court was, hence, of the opinion that to ensure public confidence in the investigation and to do complete justice in the matter, it is appropriate to invoke the powers conferred by Article 142 of the Constitution.

It further noticed that while the steps taken by the Mumbai police in the limited inquiry under Section 174 CrPC may not be faulted on the material available before this Court, considering the apprehension voiced by the stakeholders of unfair investigation, this Court must strive to ensure that search for the truth is undertaken by an independent agency, not controlled by either of the two state governments. Most importantly, the credibility of the investigation and the investigating authority, must be protected.

The Court, hence, noted that a fair, competent and impartial investigation is the need of the hour. The expected outcome then would be, a measure of justice for the Complainant, who lost his only son. For the petitioner too, it will be the desired justice as she herself called for a CBI investigation. The dissemination of the real facts through unbiased investigation would certainly result in justice.

[Rhea Chakraborty v. State of Bihar, 2020 SCC OnLine SC 654, decided on 19.08.2020]

Hot Off The PressNews

Supreme Court: A single judge bench of Hrishikesh Roy, J has reserved verdict actor Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. The Court has, in the meantime, asked the parties to submit written submissions by Thursday i.e. August 13, 2020.

Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra. Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

Earlier, Senior Advocate Vikas Singh, appearing for Sushant Singh Rajput’s father, submitted that

“the Complainant is apprehensive about misdirection of the investigation by the Mumbai Police and, therefore, the Bihar Police Authorities should be permitted to carry on their investigation into the suspicious circumstances on the death of the son of the Complainant.”

Solicitor General Tushar Mehta also informed the Court that Centre has accepted Bihar government’s recommendation for CBI probe into death case of actor. the Bihar Police

State of Maharashtra on the other hand, argued that Patna police has no jurisdiction to either lodge an FIR or investigate it and this has been made a political case. Senior advocate R. Basant submitted,

“the Bandra Police Authorities are conducting a professional investigation and he be given time to place on record the stage and nature of the investigation, conducted so far.”

Senior Advocate Shyam Devan, appearing for Chakraborty, argued that the case is registered at the instance of the deceased actor’s father by the Patna Police Authorities, without any jurisdiction.


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Hot Off The PressNews

Supreme Court:  A bench headed by SA Bobde, CJ dismissed a public interest litigation (PIL) seeking a probe by the Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) into the death of actor Sushant Singh Rajput.

“Who are you. You are a total stranger who is unnecessarily interfering in the case. The victim’s father is pursuing the case. We are dismissing your petition. Dismissed,”

The Supreme Court was hearing a petition filed by law student DD Dubey seeking a CBI or NIA probe into the death of the actor.

Solicitor General Tushar Mehta, the senior law officer of the Central government, submitted before the Supreme Court that the FIR registered in Patna in the case has already been transferred to the CBI for investigation.

CJI asked the petitioner,

“We are told CBI has filed an FIR. What is the locus standi of yours (petitioner), in the matter,”

Advocate Subhash Jha, appearing for the petitioner, had sought a CBI probe into the death case, to which the bench said, “don’t argue like this and make absurd statements”.

Bihar Chief Minister Nitish Kumar had earlier sent a recommendation to the Central government for CBI investigation in the case filed in Patna based on the complaint of Sushant’s father KK Singh against actor Rhea Chakraborty under sections including abetment of suicide on July 25.

Bollywood actor Rhea Chakraborty has also filed plea before Supreme Court  seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra.

Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

A single judge bench of Hrishikesh Roy, J has directed Mumbai Police to to file status report on probe conducted so far in Bollywood actor Sushant Singh Rajput death case. Asking the parties to file reply within 3 days, the Court has said that it would hear the matter next week. Read more

(Source: ANI)


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Case BriefsSupreme Court

Supreme Court: A single judge bench of Hrishikesh Roy, J has directed Mumbai Police to to file status report on probe conducted so far in Bollywood actor Sushant Singh Rajput death case. Asking the parties to file reply within 3 days, the Court has said that it would hear the matter next week.

The Court is hearing Bollywood actor Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra.

Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

Senior Advocate Vikas Singh, appearing for Sushant Singh Rajput’s father, submitted that

“the Complainant is apprehensive about misdirection of the investigation by the Mumbai Police and, therefore, the Bihar Police Authorities should be permitted to carry on their investigation into the suspicious circumstances on the death of the son of the Complainant.”

Solicitor General Tushar Mehta also informed the Court that Centre has accepted Bihar government’s recommendation for CBI probe into death case of actor. the Bihar Police

State of Maharashtra on the other hand, argued that Patna police has no jurisdiction to either lodge an FIR or investigate it and this has been made a political case. Senior advocate R. Basant submitted,

“the Bandra Police Authorities are conducting a professional investigation and he be given time to place on record the stage and nature of the investigation, conducted so far.”

Senior Advocate Shyam Devan, appearing for Chakraborty, argued that the case is registered at the instance of the deceased actor’s father by the Patna Police Authorities, without any
jurisdiction.

Observing that truth should come out so far as actor’s death is concerned, the Court placed the matter for hearing next week.

” three days time is granted to all parties to place on record their respective stand in the matter. The State of Maharashtra should apprise the Court on the stage of investigation by the Mumbai Police by the next date.”

[Rhea Chakraborty v. State of Bihar, 2020 SCC OnLine SC 625 , order dated 05.08.2020]


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Case BriefsHigh Courts

“People from the past, have a tendency to walk back into present and run over the future.”

Orissa High Court: S.K. Panigrahi, J., while addressing a bail application observed that,

Tik Tok Mobile App which often demonstrates a degrading culture and encourage pornography besides causing pedophiles and explicit disturbing content, is required to be properly regulated so as to save the teens from its negative impact.

In the present petition and application has been filed under Section 439 of CrPC to seek bail. She is an accused for an offence under Sections 306 and 34 of Penal Code, 1860.

Background

Allegation against the accused/petitioner is that she along with the co- accused have inflicted direct and indirect mental torture on the deceased (Padmalochan Barik) which resulted in the commission of suicide by the deceased.

With the statements recorded it was revealed that petitioner was alleged to have been in a love relationship with the co-accused before she got married with the deceased.

Co-accused had forwarded some of the intimate Tik Tok videos with petitioner to the deceased and the same were alleged to have been streamed on social media as well.

The underpinnings of familial shame made deceased suffer a lot internally in the form of tremendous mental pressure which invited a dangerous haste in ending his life by hanging himself.

Abetment of Suicide

From the investigation it was clear that the co-accused was responsible for the abetment of suicide.

Petitioner’s Counsel L.N. Patel

It was submitted that petitioner had no role in the abetment of suicide of her husband and the same has not yet been established. Hence she may be granted bail.

Decision 

On perusal of the above, bench stated that it is a prima facie view that the incident might have been perceived to be just a streaming of Tik Tok videos of the deceased’s wife and her former beau but it was morally and legally heinous as the same led to an ugly consequence.

Petitioner being wife should have the deceased’s emotional safety, instead she became the cause of his emotional insecurity.

Offence of abetment to suicide under Section 306 of IPC is endowed with twin essential ingredients:(i)a person commits suicide (ii) such suicide was abetted by the accused. The offence involves a mental process of instigating a person of intentionally aiding a person in doing of a thing.

In Court’s opinion, the Tik Tok videos had escaped the investigation officer’s attention.

Tik Tok Videos 

Bench stated that the above-mentioned Tik Tok videos became the cause for tragic end of an innocent life. Transmitting Tik Tok videos with offensive content to harass victims are on prowl and are gradually on the rise.

Of late, Cyber bullying activity like the instant case, has reared its ugly head and swept away so many innocent lives through many of its ugly manifestations.

With regard to Information Technology Act, what the Court said?

Information Technology Act, 2000 does impose an obligation upon such companies to take down content and exercise due diligence before uploading any content, but India lacks a specialized law to address the crime like cyber bullying.

In the present matter, Court stated that,

Further digging up, the instant case might bring some surprises, but at the moment the role of the co-accused seems to be quite apparent in terms of preparing the Tik Tok videos having some inappropriate content and sending the same to the deceased. This aspect of the taint cannot be properly established sans a befitting trial process.

Even a positive role of the petitioner in the entire episode cannot be ruled out, however, at the moment, invoking Section 306 would be preposterous. Hence, without more ado petitioner is granted bail. [Shibani Barik v. State of Odisha, 2020 SCC OnLine Ori 425, decided on 28-05-2020]

Case BriefsHigh Courts

Bombay High Court: K.R. Shriram, J., while deciding the appeal filed impugning the order and judgment passed with regard to acquittal for offence punishable under Sections 498A (Husband or relative of husband of a woman subjecting her to cruelty) and Section 306 (Abetment of suicide) of Penal Code, 1860, observed that,

“Cruelty must be of such a degree as contemplated by the Section, i.e., it must be wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb and health of the woman.”

Prosecution case was that complainant’s daughter Sunita was married to the respondent (accused). Respondent used to ill-treat Sunita and under the influence of alcohol he used to beat her while insisting to bring cash amount of Rs 20,000 from her father (complainant) so that he could start a business.

After sometime respondent started to sell fruits and in the meanwhile Sunita conceived and gave birth to a daughter. On or about 18-09-2001, it was informed that Sunita had committed suicide by jumping in front of a running train.

In view of the above circumstances, PW-1 had lodged the complaint for offences punishable under Sections 498A and 306 IPC.

Supreme Court in its decision, Muralidhar v. State of Karnataka, (2014) 5 SCC 730, held that

“…unless the conclusions reached by the trial court are found to be palpably wrong or based on an erroneous view of the law or if such conclusions are allowed to stand, they are likely to result in grave injustice, Appellate Court should not interfere with the conclusions of the Trial Court.”

Citing the above, Court stated that, it must be kept in mind that there is a presumption of innocence in favour of respondent and such presumption is strengthened by the order of acquittal passed by the trial court.

In Ramesh Babulal Doshi v. State of Gujarat, 1996 SCC (Cri) 972, Supreme Court held that,

“…If Appellate Court finds that there was nothing wrong or manifestly erroneous with the order of the trial court, the Appeal Court need not eve re-appraise the evidence and arrive at its own conclusions.”

Thus, High Court while analysing the present set of facts and circumstances stated that it does not find anything wrong, manifestly erroneous or demonstrably unsustainable in the impugned judgment.

Court noted that,

PW-1 (Complainant) stated that the accused was not doing any work and under the influence of liquor, used to beat Sunita and was insisting her to bring cash from parents for doing some business.

PW-1 admits that in his statement before the police, he has not mentioned that Sunita had gone to his house for delivery and after her delivery she resided with him for 15 days. He also admits that in his statement to the police, he has not mentioned that during that stay Sunita had informed him about the ill-treatment and demand for cash by accused.

DW-1 in whose quarters Sunita and accused were residing stated that in her presence no dispute took place between Sunita and accused, nobody used to visit their house and Sunita never complained about accused.

On perusal of the above, Court stated that apart from the general statements by PW-1, there was nothing on record to show that accused used to beat Sunita under the influence of alcohol.

Stating the above, bench gave another point of significance in such cases that,

“.. It is to be kept in mind that it is easy to accuse somebody of ill-treatment after someone dies, but it will not be wise to convict somebody based on such general statements.”

“It is settled law that under Section 498A of IPC, every cruelty is not an offence.”

With regard to abetment, Court stated that, in order to amount abetment, there must be mens rea or community of intention. Without knowledge or intention, there can be no abetment and the knowledge and intention must relate to the act said to be abetted, i.e. suicide, in this case. To constitute ‘abetment by instigation’, there must be a direct incitement to do the culpable act.

Thus, in Court view, no evidence is found to suggest that Sunita committed suicide because of ill-treatment or cruelty by the accused. There is also no evidence whatsoever that the accused by their acts intended Sunita to commit suicide.

In view of the above, order of acquittal need not be interfered with. [State of Maharashtra v. Shri Balu Ravji Abhang, 2020 SCC OnLine Bom 307, decided on 20-02-2020]

Case BriefsHigh Courts

Bombay High Court: V.M. Deshpande, J. allowed an appeal against the judgment of the trial court whereby the appellant was convicted under Section 305 (abetment of suicide of child or insane person) of the Penal Code, 1860.

The appellant’s son had committed suicide by hanging himself. He left behind a suicide note wherein he had mentioned that his father, the appellant, was habitual to drinking. According to the prosecution, the deceased was under great stress due to the appellant’s behavior and, therefore, committed suicide. The appellant faced trial and was convicted as aforesaid. Aggrieved thereby, he filed the instant appeal.

The High Court referred to Section 107 (abetment of a thing) as well as Sections 305 and 306 and noted that the law on abetment to commit suicide is well crystallised by numerous decisions of the Supreme Court. It was also stated that the only difference between Sections 305 and 306 IPC is that Section 305 is a punishing section for abetting the suicide of an insane or a child, whereas Section 306 is a punishing section for the accused who abetted any other person to commit suicide. However, said the Court: “The parameters for deciding the fact under Section 305 and 306 IPC are identical.”

The Court noted various admitted facts on record and observed: “The admitted position also speaks that the mother of the deceased was a psychic patient having nothing to do with the drinking of the appellant. Therefore, he used to be always under depressing conditions. Different persons may react differently to the same situation. Therefore, merely because the deceased by writing a note mentioning about the drinking habit of his father and committed suicide, in my view, it cannot be treated as an abetment, especially when the prosecution evidence falls short to show that there used to be ill-treatment at the hands of the appellant under the influence of liquor to the deceased so as to drive the deceased to take the extreme step of his life.”

The Court was of the view that the trial court had swayed away with the fact that the deceased boy committed suicide for an admitted position that the appellant was a drunkard. However, according to the Court: “Merely drinking can never be an abetment for a person to commit suicide.”

Accordingly, on the representation of the entire prosecution case, the Court allowed the instant appeal and set aside the conviction of the appellant as recorded by the trial court. [Ramrao Kisan Rathod v. State of Maharashtra, 2020 SCC OnLine Bom 29, decided on 04-01-2020]

Case BriefsHigh Courts

Delhi High Court: The Bench of Sanjeev Sachdeva, J. discharged the petitioner-wife of the offence under Section 306 IPC for allegedly abetting suicide of her husband.

Petitioner was wife of the deceased who committed suicide in 2015. It was alleged that on 31-7-2015, petitioner had slapped the deceased in front of other family members. On 02-08-2015, the deceased attempted to commit suicide and expired on the next day. Alleged suicide note was also discovered from his bed. An FIR was registered as per which deceased committed suicide as he was upset about petitioner slapping him. According to the trial court, there was prima facie material against petitioner to frame a charged under Section 306. Petitioner impugned trial court’s order in the present petition.

Lohit Ganguly, Advocate for the petitioner submitted that the trial court failed to appreciate that the material did not suggest that petitioner instigated the deceased to commit suicide.

The High Court referred to Section 107 (abetment of a thing); and decisions in Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618 where Supreme Court laid down as to what conduct amounts to incitement or instigation; and Pawan Kumar v. State of H.P., (2017) 7 SCC 780 where expression “abetment” was elaborated upon. In the present case, Court did not find any material suggest that petitioner instigated, conspired or aided in the commission of suicide by the deceased. Mere act of wife slapping the husband would not instigate him to commit suicide by the deceased. Furthermore, the alleged suicide did not refer to any incident of slapping. In such circumstances, it was held that no charge under Section 306 could be made against the petitioner. Thus, the petition was allowed and the petitioner was discharged. [Shikha Gupta v. State (NCT of Delhi), 2019 SCC OnLine Del 6394, decided on 08-01-2019]

Case BriefsHigh Courts

Bombay High Court: A Division Bench comprising of P.N. Deshmukh and M.G. Giratkar, JJ. allowed an application for quashing an FIR lodged for the offence punishable under Section 306 read with Section 34 IPC.

One Rupchand Sirsat, 54, working as Group Secretary in Kherda-Mozari Coop. Society committed suicide and left a suicide note making allegations against the applicant and other MPs and MLAs. The wife of the deceased informed the police, pursuant to which the FIR came to be registered for the offence as mentioned above. The applicants had filed the instant application for quashing of the said FIR.

The High Court, while considering the issue, referred to its previous decisions wherein it was held that for bringing an offence under Section 306, specific abetment as contemplated by Section 107 on the part of the accused, with an intention to bring about the suicide of the person concerned, is required. Further, in order to convict a person under Section 306, there has to be a clear mens rea to commit the offence. However, on the facts of the present case, the Court was of the view that the applicant cannot be said to have abetted the deceased to commit suicide. From the contents of FIR, the Court gathered that the deceased was mentally disturbed due to the death of his son. The concerned death note was written two months prior to the commission of suicide. After writing the said note, the deceased had proceeded on leave. In view of such facts and circumstances, the Court quashed the FIR registered against the applicants. [Pramod Shriram Telgote v. State of Maharashtra,  2018 SCC OnLine Bom 1456, dated 04-07-2018]