Penal Code, 1860: s. 306 – Abetment of suicide – Commission of suicide by the student after he was reprimanded for the misconduct in the College – He was suspended and asked to call for his parents as an exercise of legitimate disciplinary action; and was also issued notice and was asked to deposit security amount of Rs. 10,000/- – However, instead of complying with the disciplinary action, student took his own life by jumping into the canal – Before doing so, he sent an SMS to his brother stating that he love his parents and does not want to trouble them – Registration of FIR against the appellantsteacher, Head of the Department and the principal – Charges framed u/s 306 – Revision petition thereagainst by the appellants, dismissed by the High Court – On appeal, held: There was no independent witness to the actual incident – No case made out for abetment of suicide – Absence of necessary ingredients to make an offence – Disciplinary action is necessary for running the institute and contra position would create lawless and unmanageable situation in an educational institute – Further, the suicide note shows the deceased thought that his father could be blamed for the episode and thus asked to not to trouble his father – Anguish of the father ought not to have been converted into a case of abetment of suicide – Investigation and the approach of the trial court could have been more realistic keeping in mind the facts and circumstances of the case – Thus, orderframing the charges set aside. S. S. Chheena Vs. Vijay Kumar Mahajan and Anr.
(2010) 12 SCC 190 : [2010] 9 SCR 1111; Sanju Alias Sanjay Singh Sengar Vs. State of M.P. 2002 (5) SCC
371 : [2002] 3 SCR 668 : [2002] 3 SCR 668; State of West Bengal Vs. Indrajit Kundu and Ors.” 2019 (10) SCC 188 : [2019] 13 SCR 489; Ramesh Kumar Vs.
State of Chhattisgarh (2001) 9 SCC 618 : [2001] 4 Suppl. SCR 247 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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