Penal Code, 1860 – s.306 – Abetment of suicide – When not – FIR filed by first appellant-father of ‘Z’ against family of ‘T’ alleging that on suspicion of his relationship with ‘T’ they had beaten ‘Z’ with sticks and fists as a result of which he died – R-2 (cousin brother of ‘T’) filed FIR against the appellants for abetment of suicide of ‘T’ alleging that through verbal utterances they humiliated and tortured ‘T’ and she committed suicide – Offence u/s.306, if made out against the appellants:
Held: No – None of the ingredients required to make out a case u/s.306 is even remotely mentioned in the charge-sheet or borne out from the material on record – There is only one sided version of the complainant-R-2– Charge-sheet proceeded in an unidimensional manner by accepting the version of R-2 and his family members as the gospel truth – Even if the utterance attributed to the appellants is assumed to be true it cannot be said to be of such a nature as to leave the deceased with no other alternative but to put an end to her life – No investigation was done to explore any other angle – The prior lodging of the FIR by the first appellant against the family of ‘T’ for the death of his son ‘Z’ indicates an element of desperation on the part of R-2 to somehow implicate the appellants – Reliance of the statements u/s.161, CrPC belatedly also reinforces the suspicion of one-sided, partial and inimical investigation– Reinvestigation directed – Proceedings against the appellants quashed. [Paras 15, 16, 21, 22, 24]
Penal Code, 1860 – ss.306, 107 – Ingredients of s.306 – Discussed.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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