Research Results Based on the Query
ACT
ARG
SCJ
HCJ
Query: A person has committed suicide. In the suicide note, he mentioned the name of my client. He also stated in the suicide note that my client owed him money and was refusing to pay. In reality, my client does not owe any money. An FIR has been lodged by the son of the deceased, in which the name of my client is also included. My client has spoken to the deceased one month prior to suicide that my client is not going to pay any amount and you do whatever you like to do. The person committed suicide after one month.
Revised Query: A person has committed suicide. In the suicide note, he mentioned the name of my client. He also stated in the suicide note that my client owed him money and was refusing to pay. In reality, my client does not owe any money. An FIR has been lodged by the son of the deceased, in which the name of my client is also included. My client had spoken to the deceased one month prior to the suicide, stating that my client is not going to pay any amount and that the deceased could do whatever he liked. The person committed suicide after one month.
Revised Query: A person has committed suicide. In the suicide note, he mentioned the name of my client. He also stated in the suicide note that my client owed him money and was refusing to pay. In reality, my client does not owe any money. An FIR has been lodged by the son of the deceased, in which the name of my client is also included. My client had spoken to the deceased one month prior to the suicide, stating that my client is not going to pay any amount and that the deceased could do whatever he liked. The person committed suicide after one month.
Related Articles and Sections
Introduction
In the scenario presented, the suicide note left by the deceased implicates the client of owing money and refusing to pay, which ultimately led to the deceased's suicide. The son of the deceased has filed an FIR including the client's name based on the contents of the suicide note. It is crucial to analyze this situation in light of Indian laws to determine the legal implications and potential defenses available to the client.
Relevant Legal Provisions
1. Indian Penal Code, 1860:
- Section 306: Abetment of suicide
- Section 107: Abetment of a thing
- Section 415: Cheating
- Section 420: Cheating and dishonestly inducing delivery of property
2. Indian Evidence Act, 1872:
- Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
3. Criminal Procedure Code, 1973:
- Section 154: Information in cognizable cases
- Section 161: Examination of witnesses by police
- Section 173: Report of police officer on completion of investigation
Analysis
1. Abetment of Suicide (Section 306 IPC):
- For the offense of abetment of suicide to be established, it must be proven that the accused intentionally aided or instigated the deceased to commit suicide. In this case, the suicide note alleging non-payment of money by the client could be construed as an act of abetment.
- However, the client's mere refusal to pay a disputed amount, without any intention to drive the deceased to suicide, may not amount to abetment under Section 306.
2. Abetment of a Thing (Section 107 IPC):
- Section 107 defines abetment as instigating, engaging in a conspiracy, or aiding the commission of an offense. The client's communication to the deceased regarding non-payment could be interpreted as abetment if it can be established that it directly led to the suicide.
- The prosecution would need to prove a direct link between the client's actions and the deceased's decision to commit suicide to establish abetment under Section 107.
3. Cheating (Sections 415 and 420 IPC):
- If the deceased's claim of owed money by the client is false and made with the intention to deceive, it could potentially fall under the offense of cheating under Sections 415 and 420 of the IPC.
- The client can defend against these allegations by providing evidence to show that no such debt existed and that the deceased's claims were baseless.
4. Statement of Deceased (Indian Evidence Act):
- The suicide note left by the deceased implicating the client can be considered a relevant statement under Section 32 of the Indian Evidence Act. However, such statements are not conclusive proof and must be corroborated with other evidence.
- The client can challenge the veracity of the suicide note and argue that it was a false accusation made by the deceased out of spite or other motives.
Defense Strategy
1. Establish Lack of Intent:
- The client can argue that there was no intention to abet the suicide of the deceased and that the refusal to pay the disputed amount was a legitimate business decision.
- Emphasize that the client's actions were not aimed at causing harm or driving the deceased to suicide, but rather asserting their rights in a financial dispute.
2. Disprove Allegations:
- Gather evidence to demonstrate that the client did not owe any money to the deceased and that the claims made in the suicide note were false.
- Present financial records, communications, or witness statements to refute the allegations of non-payment and establish the lack of any debt.
3. Challenge Causation:
- Contest the direct link between the client's actions and the deceased's suicide by highlighting any intervening factors or mental health issues that may have contributed to the tragic event.
- Argue that the decision to commit suicide was a personal choice of the deceased and not solely influenced by the client's actions.
4. Question the Suicide Note:
- Raise doubts about the authenticity and credibility of the suicide note, especially if there are inconsistencies or motives that cast doubt on the deceased's accusations.
- Request a forensic examination of the handwriting or content of the note to ascertain its validity.
Conclusion
In conclusion, the client faces serious allegations based on the contents of the suicide note left by the deceased. However, with a strategic defense focusing on lack of intent, disproving the allegations, challenging causation, and questioning the suicide note, the client can potentially defend against the charges of abetment of suicide, cheating, and other related offenses. It is essential to gather strong evidence, present a compelling defense, and navigate the legal proceedings effectively to protect the client's rights and reputation in this challenging situation.
In the scenario presented, the suicide note left by the deceased implicates the client of owing money and refusing to pay, which ultimately led to the deceased's suicide. The son of the deceased has filed an FIR including the client's name based on the contents of the suicide note. It is crucial to analyze this situation in light of Indian laws to determine the legal implications and potential defenses available to the client.
Relevant Legal Provisions
1. Indian Penal Code, 1860:
- Section 306: Abetment of suicide
- Section 107: Abetment of a thing
- Section 415: Cheating
- Section 420: Cheating and dishonestly inducing delivery of property
2. Indian Evidence Act, 1872:
- Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
3. Criminal Procedure Code, 1973:
- Section 154: Information in cognizable cases
- Section 161: Examination of witnesses by police
- Section 173: Report of police officer on completion of investigation
Analysis
1. Abetment of Suicide (Section 306 IPC):
- For the offense of abetment of suicide to be established, it must be proven that the accused intentionally aided or instigated the deceased to commit suicide. In this case, the suicide note alleging non-payment of money by the client could be construed as an act of abetment.
- However, the client's mere refusal to pay a disputed amount, without any intention to drive the deceased to suicide, may not amount to abetment under Section 306.
2. Abetment of a Thing (Section 107 IPC):
- Section 107 defines abetment as instigating, engaging in a conspiracy, or aiding the commission of an offense. The client's communication to the deceased regarding non-payment could be interpreted as abetment if it can be established that it directly led to the suicide.
- The prosecution would need to prove a direct link between the client's actions and the deceased's decision to commit suicide to establish abetment under Section 107.
3. Cheating (Sections 415 and 420 IPC):
- If the deceased's claim of owed money by the client is false and made with the intention to deceive, it could potentially fall under the offense of cheating under Sections 415 and 420 of the IPC.
- The client can defend against these allegations by providing evidence to show that no such debt existed and that the deceased's claims were baseless.
4. Statement of Deceased (Indian Evidence Act):
- The suicide note left by the deceased implicating the client can be considered a relevant statement under Section 32 of the Indian Evidence Act. However, such statements are not conclusive proof and must be corroborated with other evidence.
- The client can challenge the veracity of the suicide note and argue that it was a false accusation made by the deceased out of spite or other motives.
Defense Strategy
1. Establish Lack of Intent:
- The client can argue that there was no intention to abet the suicide of the deceased and that the refusal to pay the disputed amount was a legitimate business decision.
- Emphasize that the client's actions were not aimed at causing harm or driving the deceased to suicide, but rather asserting their rights in a financial dispute.
2. Disprove Allegations:
- Gather evidence to demonstrate that the client did not owe any money to the deceased and that the claims made in the suicide note were false.
- Present financial records, communications, or witness statements to refute the allegations of non-payment and establish the lack of any debt.
3. Challenge Causation:
- Contest the direct link between the client's actions and the deceased's suicide by highlighting any intervening factors or mental health issues that may have contributed to the tragic event.
- Argue that the decision to commit suicide was a personal choice of the deceased and not solely influenced by the client's actions.
4. Question the Suicide Note:
- Raise doubts about the authenticity and credibility of the suicide note, especially if there are inconsistencies or motives that cast doubt on the deceased's accusations.
- Request a forensic examination of the handwriting or content of the note to ascertain its validity.
Conclusion
In conclusion, the client faces serious allegations based on the contents of the suicide note left by the deceased. However, with a strategic defense focusing on lack of intent, disproving the allegations, challenging causation, and questioning the suicide note, the client can potentially defend against the charges of abetment of suicide, cheating, and other related offenses. It is essential to gather strong evidence, present a compelling defense, and navigate the legal proceedings effectively to protect the client's rights and reputation in this challenging situation.
Likely Arguments
Opposing Counsel's Potential Arguments
1. Abetment of Suicide:
- The opposing counsel may argue that the client's refusal to pay the alleged debt and the subsequent communication to the deceased could be construed as instigation or abetment of suicide under Section 306 IPC.
- They may rely on the contents of the suicide note as evidence of the client's role in driving the deceased to suicide.
2. Criminal Conspiracy:
- The opposing counsel might suggest that the client's communication one month prior to the suicide, coupled with the deceased's subsequent actions, could indicate a criminal conspiracy to harm the deceased.
- They may attempt to establish a link between the client's statements and the deceased's decision to end his life.
3. Cheating and Fraud:
- Allegations of cheating and fraud may be raised based on the deceased's claim of owed money by the client, even if the client asserts that no such debt exists.
- The opposing counsel could argue that the client's denial of the debt was a deliberate attempt to deceive the deceased, leading to the tragic outcome.
4. Statement of Deceased:
- The opposing counsel may rely heavily on the suicide note as a statement of the deceased, presenting it as a crucial piece of evidence against the client.
- They may argue that the contents of the suicide note should be given significant weight in establishing the client's liability.
Counterarguments and Defense Strategy
1. Lack of Intent to Abet Suicide:
- Argue that the client's communication regarding non-payment was a legitimate business decision and did not have the intention of driving the deceased to suicide.
- Emphasize that mere refusal to pay a disputed amount does not automatically amount to abetment of suicide under Section 306 IPC.
2. Absence of Criminal Conspiracy:
- Highlight that there was no premeditated plan or conspiracy between the client and the deceased to harm the latter.
- Stress that the client's statement one month prior to the suicide was a lawful assertion of their position in a financial dispute and not part of any criminal conspiracy.
3. Evidence to Disprove Allegations:
- Present concrete evidence, such as financial records, communications, and witness statements, to demonstrate that the client did not owe any money to the deceased.
- Challenge the credibility of the deceased's claim by providing evidence that contradicts the allegations of non-payment.
4. Question Causation and Mental State:
- Argue that the deceased's decision to commit suicide was influenced by factors beyond the client's actions, such as personal issues or mental health concerns.
- Stress the importance of considering the deceased's mental state and other contributing factors in determining causation, rather than solely attributing it to the client's behavior.
5. Challenge the Suicide Note:
- Request a thorough examination of the suicide note, including forensic analysis if necessary, to verify its authenticity and integrity.
- Raise doubts about the deceased's motives, mental state, and potential biases that may have influenced the contents of the note.
Optimal Defense Strategy
1. Comprehensive Documentation:
- Gather all relevant evidence, including financial records, communications, and witness statements, to support the client's position of not owing any money to the deceased.
- Ensure that the defense is backed by concrete evidence to disprove the allegations of cheating and fraud.
2. Focus on Lack of Intent and Causation:
- Emphasize the lack of intent on the client's part to abet the deceased's suicide and highlight other potential factors contributing to the tragic event.
- Establish a strong defense based on the absence of a direct link between the client's actions and the deceased's decision to end his life.
3. Engage Expert Witnesses:
- Consider involving mental health experts or forensic analysts to provide insights into the deceased's mental state and the authenticity of the suicide note.
- Expert testimony can strengthen the defense by offering professional opinions on causation and the credibility of the evidence presented.
4. Strategic Legal Representation:
- Retain experienced legal counsel who can navigate the complexities of the case, challenge the opposing counsel's arguments effectively, and safeguard the client's interests throughout the legal proceedings.
- Develop a cohesive defense strategy that addresses each aspect of the allegations, from abetment of suicide to cheating, with a focus on protecting the client's reputation and rights.
By implementing a robust defense strategy that addresses the key legal aspects of the case, challenges the opposing counsel's arguments, and leverages expert support where necessary, your client can effectively counter the allegations and defend against the charges brought forth in the FIR.
1. Abetment of Suicide:
- The opposing counsel may argue that the client's refusal to pay the alleged debt and the subsequent communication to the deceased could be construed as instigation or abetment of suicide under Section 306 IPC.
- They may rely on the contents of the suicide note as evidence of the client's role in driving the deceased to suicide.
2. Criminal Conspiracy:
- The opposing counsel might suggest that the client's communication one month prior to the suicide, coupled with the deceased's subsequent actions, could indicate a criminal conspiracy to harm the deceased.
- They may attempt to establish a link between the client's statements and the deceased's decision to end his life.
3. Cheating and Fraud:
- Allegations of cheating and fraud may be raised based on the deceased's claim of owed money by the client, even if the client asserts that no such debt exists.
- The opposing counsel could argue that the client's denial of the debt was a deliberate attempt to deceive the deceased, leading to the tragic outcome.
4. Statement of Deceased:
- The opposing counsel may rely heavily on the suicide note as a statement of the deceased, presenting it as a crucial piece of evidence against the client.
- They may argue that the contents of the suicide note should be given significant weight in establishing the client's liability.
Counterarguments and Defense Strategy
1. Lack of Intent to Abet Suicide:
- Argue that the client's communication regarding non-payment was a legitimate business decision and did not have the intention of driving the deceased to suicide.
- Emphasize that mere refusal to pay a disputed amount does not automatically amount to abetment of suicide under Section 306 IPC.
2. Absence of Criminal Conspiracy:
- Highlight that there was no premeditated plan or conspiracy between the client and the deceased to harm the latter.
- Stress that the client's statement one month prior to the suicide was a lawful assertion of their position in a financial dispute and not part of any criminal conspiracy.
3. Evidence to Disprove Allegations:
- Present concrete evidence, such as financial records, communications, and witness statements, to demonstrate that the client did not owe any money to the deceased.
- Challenge the credibility of the deceased's claim by providing evidence that contradicts the allegations of non-payment.
4. Question Causation and Mental State:
- Argue that the deceased's decision to commit suicide was influenced by factors beyond the client's actions, such as personal issues or mental health concerns.
- Stress the importance of considering the deceased's mental state and other contributing factors in determining causation, rather than solely attributing it to the client's behavior.
5. Challenge the Suicide Note:
- Request a thorough examination of the suicide note, including forensic analysis if necessary, to verify its authenticity and integrity.
- Raise doubts about the deceased's motives, mental state, and potential biases that may have influenced the contents of the note.
Optimal Defense Strategy
1. Comprehensive Documentation:
- Gather all relevant evidence, including financial records, communications, and witness statements, to support the client's position of not owing any money to the deceased.
- Ensure that the defense is backed by concrete evidence to disprove the allegations of cheating and fraud.
2. Focus on Lack of Intent and Causation:
- Emphasize the lack of intent on the client's part to abet the deceased's suicide and highlight other potential factors contributing to the tragic event.
- Establish a strong defense based on the absence of a direct link between the client's actions and the deceased's decision to end his life.
3. Engage Expert Witnesses:
- Consider involving mental health experts or forensic analysts to provide insights into the deceased's mental state and the authenticity of the suicide note.
- Expert testimony can strengthen the defense by offering professional opinions on causation and the credibility of the evidence presented.
4. Strategic Legal Representation:
- Retain experienced legal counsel who can navigate the complexities of the case, challenge the opposing counsel's arguments effectively, and safeguard the client's interests throughout the legal proceedings.
- Develop a cohesive defense strategy that addresses each aspect of the allegations, from abetment of suicide to cheating, with a focus on protecting the client's reputation and rights.
By implementing a robust defense strategy that addresses the key legal aspects of the case, challenges the opposing counsel's arguments, and leverages expert support where necessary, your client can effectively counter the allegations and defend against the charges brought forth in the FIR.
Relevant Supreme Court Judgments
Year From: 1950, Year To: 2024
Year From: 1950, Year To: 2024
Supreme Court of India
Honourable Judges S. Abdul Nazeer, N. V. Ramana
Date of Judgment: 09 Apr 2018
Segment Number (Approximate Page Number): 2
I love my wife and my child very much but she do not have any affection either for me and my parents so, her parents keep on threatening us and keep on filing false complaint and are trying to grab the house and factory by implicating my parents and my sister in false cases (sic) (redaction supplied) Suicide Note 2 My wife Khushboo under the influence of Rajkumar the 2nd son of SI Gajodhar living in her neighbourhood, Rajesh Aggarwal, her parents and other in-laws has got filed a false case against me, my parents and my sisters. Due to which I am in deep mental stress. I am committing suicide. All these are conspiring to grab the house and factory of my parents. My parents are old and they may kindly be helped. The complete investment in the factory is done by my father after his retirement. I do not have any contribution in it. My wife wants to flee away to Delhi after grabbing all these and every day she keeps abusing us and also threatens to get us killed. She does not let us meet my son. I have always loved my wife. She has always betrayed me. She may be removed from the house of my parents. Safety of my parents be ensured (sic) (redaction supplied) 4. In this context an FIR was lodged by the appellant under Section 306 of IPC against the Respondent-wife and her family members alleging that they harassed his son which ultimately lead to him committing suicide. 5. On 11.03.2014, the Police reported to the trial court, wherein it was stated that the suicide notes were found to be matching the handwriting of the deceased as reported by forensic science laboratory. 6. Aggrieved by the aforesaid FIR being registered against the accused Respondents, they filed a petition under Section 482 of CrPC before the High Court for quashing of the FIR No. 318 of 2013 for the offences of abetment to suicide under Section 306 of IPC. 7. The High Court by the impugned judgment and order dt. 15.04.2015, quashed the aforesaid FIR on the ground that the alleged offence of abetment of suicide was not made out in this case. It would be relevant to note the reasoning of the High Court before we further proceed with the discussion of this case: a. That the Court was of the opinion that the suicide notes makes reference to various litigation and criminal complaints which were a result of actions of the deceased and were not filed with a view to harass him. b. The allegation concerning the adultery by the respondent - wife has not been evidenced by any material on record. c. The bad behaviour and alcoholism of the deceased has been categorically admitted in the compromise affidavit. d. That the allegations contained in the suicide note did not reveal the ingredients of abetment or instigation of suicide. e. That there is nothing to show the intention of the accused to instigate or abet the deceased to commit suicide. f. That the suicide notes admit depression on the part of the deceased so as to commit suicide.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 27 Nov 2020
Segment Number (Approximate Page Number): 4
As also contacted to other businessman also and informed that my husband is in great difficulty and as the money is not received he is under great mental pressure. Yesterday on 04.05.2018 at 3.45 pm in afternoon my husband Anvay Madhukar Naik and my mother in law Kumud Madhukar Naik left from our house at Mumbai and came at Alibag Kavir. At evening 7.30 I called on the mobile No. 9763437648 of my mother in law and when enquired as to whether they have reached at our farm house at Kavir Ali bag or otherwise when my mother in law informed me that she and my husband reached and as care taker aaji gone out she will required to carry out all the work in the house. Today on 05.05.2018 at morning 9.30 am when I and my daughter Adnya were at our house at Mumbai Shri Aruni Patil residing at Dadar Hindu Colony, Mumbai called my daughter Adnya on her mobile that my mother in law Kumud Naik expired. Therefore I and my daughter Adnya sister Mrs. Manjusha Durgesh Vaingankar, and her daughter Shreya Vaingankar started coming to Alibag through our own vehicle. After we reached at Wadkhal I called on mobile of friend of my husband Shri Akshit Lakhani and enquired about my husband when he informed that my husband Anvay Madhukar Naik has also committed suicide . When we reached at our farm house at Kavir at around 2.15 pm in afternoon there was huge crowd of public and police were gathered. Therefore when we went inside and saw that my mother in law Kumud Naik was lying on bed near dining room. Thereafter from stair case when we went on upper floor saw that my husband Anvay Madhukar Naik was lying and one thread was hanged on iron pipe of house. Thereafter police enquired with us and informed us about the said incident. Thereafter only informed that they were taking my husband Anvay Madhukar Naik and mother in law Kumud Madhukar Naik to Civil Hospital Alibag. When we were present in the said house police shown us note written by my husband Anvay Madhukar Naik in his own handwriting in English( suicide note). The handwriting in the said note is his handwriting and the signature on it is also of his only and l identify the same. In the said note he has written in English as 3) Suicide Note, 4) we are committing suicide due to following 5) our (Concorde designs Pvt Ltd) 6) PART B We both directors I) Mr. Anvay M. Naik 2) Kumud M. Naik, 7) Money is stuck and following owners of respected companies are not paying our legitimate dues 8) Mr. Amab Goswami ARG Outlier of Republic TV, not paid 83 lacs for Bombay Dyeing Studio project, 9) Feroz Shaikh Icaswt X / Skimedia not paid our 400 lacs in Laxmi, 3rd and 4th floor idea Square project in Andheri 10) Mr. Niteish Sarda owner of smart works Magarpattaq and Baner Project ( 55 Lacs pending) 11) kindly collect money from them and held them responsible for our death and pay to creditors 12) I and my mother are directors in Concorde India company and following persons have till now not paid me money of work done by me.
Supreme Court of India
Honourable Judges Ms. Banerjee, V. Ramasubramanian
Date of Judgment: 29 Jul 2022
Segment Number (Approximate Page Number): 2
2. Karni Bhavarsha serving in RTO, Mandar Border, and Rajkuar G. serving in RTO had launched company and amount is given in their RP Powertech company and total amount comes to Rs.3723200/-. 3. Vijaysinh Bhati who has committed most cheating and fraud with me. I am in credit of Rs.14700000 (Rupees one crore forty seven lakhs only). From this person. I am also in credit of Rs.1,50,000/- from Chandravirsinh Bhati and in credit of Rs.10,00,000 from Padam Bhati. They have taken my CRETA car bearing RT No.6797 and they are not giving my car back. It is requested to do needful.” 6. The FIR records :- “There is signature in English. The name Patel Shaileshkumar Chimanlal is written in gujarati under the signature. The names of Padam Bhati, Chandravirsinh Bhati, Dolly Mathur, Niru Mathur, Malvika Mathur, Niharika Mathur, Sunil Mathur, Pramod Dadhichi, Anil Mathur, PK Powertech, Kamalpal Mineral Pvt. Ltd., Leena Computerized Ledger Statements are affixed with staple pin. These words are written in the handwriting of Shaileshkumar. I know the handwriting. I had given this chit to Apurvabhai in the office. He had read over the said chit. He told me that this is suicide note of Shaileshkumar. The name Pramod Dhidhasi is written in the suicide note but the real name is Pramod Dadhichi. That money was given to all persons through Bank except Vijaysinh. Kamalpal Minerals Pvt. Limited of Vijaysinh was given Rs.18,52,000/.” 7. In the FIR, it was alleged that the deceased had been making phone calls to the accused persons calling upon them to return his money, but they did not do so. The accused had cheated the deceased of Rs.2,35,73,200/-. The deceased was in acute financial crunch and, therefore, constrained to take his own life. 8. Section 306 of the IPC reads: “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.” 9. As argued by Ms. Shenoy, learned Senior Counsel appearing on behalf of the Respondents, what is required to constitute alleged abetment of suicide under Section 306 of the IPC is that there must be an allegation of either direct or indirect act of incitement to the commission of the offence of suicide. 10. Ms. Shenoy cited M. Arjunan v. State, Represented by its Inspector of Police1, where this Court held:- "7. The essential ingredients of the offence under Section 306 IPC are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 27 Nov 2020
Segment Number (Approximate Page Number): 30
The respondent used to call the daughter-in-law of the appellant on the phone and used to harass her. Moreover, despite the efforts of the son of the appellant, the respondent did not desist from doing so. This Court noted: ―12. We now consider the facts of the present case. There are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim recorded during investigation. The record shows that 3-4 days prior to the suicide there was an altercation between the victim and (2019) 13 SCC 598 PART I the first respondent. In the light of these facts, coupled with the fact that the suicide note made definite allegation against first respondent, the High Court was not justified in entering into question whether the first respondent had the requisite intention to aid or instigate or abet the commission of suicide. At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.‖ The above observations of the Court clearly indicated that there was a specific allegation in the FIR bearing on the imputation that the respondent had actively facilitated the commission of suicide by continuously harassing the spouse of the victim and in failing to rectify his conduct despite the efforts of the victim. 55 Now in this backdrop, it becomes necessary to advert briefly to the contents of the FIR in the present case. The FIR recites that the spouse of the informant had a company carrying on the business of architecture, interior design and engineering consultancy. According to the informant, her husband was over the previous two years ―having pressure as he did not receive the money of work carried out by him‖. The FIR recites that the deceased had called at the office of the appellant and spoken to his accountant for the payment of money. Apart from the above statements, it has been stated that the deceased left behind a suicide note stating that his ―money is stuck and following owners of respective companies are not paying our legitimate dues‖. Prima facie, on the application of the test which has been laid down by this Court in a consistent line of authority which has been noted above, it cannot be said that the appellant was guilty of having abetted the suicide within the meaning of Section 306 of the IPC. These observations, we must note, are prima facie at this stage since the High Court is PART I still to take up the petition for quashing. Clearly however, the High Court in failing to notice the contents of the FIR and to make a prima facie evaluation abdicated its role, functions and jurisdiction when seized of a petition under Section 482 of the CrPC.
Supreme Court of India
Honourable Judges Cyriac Joseph, V.S. Sirpurkar
Date of Judgment: 17 Aug 2010
Segment Number (Approximate Page Number): 3
Again and again, the deceased has insisted that the only person responsible for his suicide was Madan Mohan Singh. 7. We have gone through the suicide note though it is not yet on record. Shri Tulsi pointed out that even if this suicide note is accepted as it is, along with the FIR, no ingredients of Sections 306 and 294 (b), IPC could be spelt out from the same. We have gone through the whole FIR as well as the so-called suicide note which seems to have been signed on 4.2.2008 wherein he had complained about the stale incidents dated 15.10.2007 to 19.10.2007. It seems that it is 17 days after that, that he was found dead 23.2.2008. It is claimed by his wife Harshida Ben that she got a call from the Gujarat High Court informing her that a suicide note was found and that she should search for such note in her house subsequent to which she claimed to have found the suicide note bearing the signature of the deceased, thus bringing the origin of alleged suicide note under the cloud of suspicion. 8. It is on this that Shri Tulsi contended that all this is absolutely absurd. If a person writes a suicide note on 4.2.2008, he had no business to send the suicide note to High Court and keep a copy thereof in the house. Learned Senior Counsel said that even if all this is accepted as it is, there is nothing to suggest that the appellant has committed any offence or that any offence could be spelt out from the said suicide note or the FIR much less offence under Sections 306 and 294, IPC. We are convinced that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less under Section 306, IPC. We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to commit suicide. In such matters there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. In spite of our best efforts and microscopic examination of the suicide note and the FIR, all that we find is that the suicide note is a rhetoric document in the nature of a departmental complaint. It also suggests some mental imbalance on the part of the deceased which he himself describes as depression. In the so-called suicide note, it cannot be said that the accused ever intended that the driver under him should commit suicide or should end his life and did anything in that behalf. Even if it is accepted that the accused changed the duty of the driver or that the accused asked him not to take the keys of the car and to keep the keys of the car in the office itself, it does not mean that the accused intended or knew that the driver should commit suicide because of this.
Supreme Court of India
Honourable Judges S. Abdul Nazeer, N. V. Ramana
Date of Judgment: 09 Apr 2018
Segment Number (Approximate Page Number): 3
9. The learned counsel appearing on behalf of the appellant has vehemently contended that the quashing of the FIR at the threshold level without allowing the police to investigate the matter cannot be sustained as it was pre-mature. He has further relied on the status report as well as the FSL report to portray that there was a prima facie case for continuing the investigation. 10. Per contra, the counsel on behalf of the respondents has supported the impugned judgment and contended that the suicide was the deceased’s own doing and the respondents in both cases were beyond any blame as the litigation foisted upon the deceased were solely attributable to his own actions and behaviour. 11. Having heard the learned counsel for both the parties and perusing the material available on record we are of the opinion that the High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. Further, it is no more res integra that Section 482 of CrPC has to be utilized cautiously while quashing the FIR. This court in a catena of cases has quashed FIR only after it comes to a conclusion that continuing investigation in such cases would only amount to abuse of the process. In this case at hand, the court abridged the investigation which needed to ascertain certain factual assertions made in the FIR concerning the existence or non-existence of any prior mental condition of the deceased prior to the commission of suicide. 12. We are apprised of the FSL report which categorically states that the handwriting of the deceased and the handwriting as present in the suicide note has similarities. Further, the status report filed before the High Court notes as under: During investigation, after receiving information of the deceased Brijesh Singh from the hospital and after recording death FIR 15/13 under section 174 CrPC, investigation was started. Handwriting was recovered from the place of incident during inspection, which was identified by the complainant as the handwriting of his son and same was taken into custody. Statements under section 161 CrPC of complainant Munshi Ram, witnesses Sh. Ajay Kumar, Hakam Singh, Smt. Ombati, Smt. Rekha, Smt. Meena, Smt. Pushpa, and Sh. Sher Singh were recorded. Thereafter, Munshi Ram got registered FIR No. 318/2013. The post-mortem and panchayatnama of the deceased was done and during this, written unsigned note was recovered from the half pant of the deceased and the same was also taken into possession. The post-mortem of the dead body of the victim was conducted. The clothes worn by the deceased were taken into custody and the dead body was handed over to the family members for last rites. On 3.8.2013, the file was forwarded to Ld. ACC, Sadar for further investigation who sent the suicide note to FSL for examination. Call details of the suspect were obtained and on 17.2.2014, the main file was entrusted to Ld. AACP, Vaishali Nagar.
Supreme Court of India
Honourable Judges Dalveer Bhandari, Tarun Chatterjee
Date of Judgment: 15 May 2008
Segment Number (Approximate Page Number): 1
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPEALLTE JURISDICTION CRIMINAL APPEAL NO. OF 2008. [Arising out of SLP (Crl.) No. 4935 of 2006] ICICI Bank .. Appellant Versus Shanti Devi Sharma & Others .. Respondents JUDGMENT Dalveer Bhandari, J. 1. Leave granted. 2. This appeal is directed against the order dated 13th July, 2006 passed by the High Court of Delhi in Writ Petition (Criminal) No. 576 of 2006 and order dated 11th August, 2006 passed in Crl. M. A. Nos. 8093-94/2006 in W.P. (Crl.) No. 576 of 2006. 3. The question that arises in this case in narrow compass: Should part of the impugned judgment be expunged so that it may not adversely influence on an ongoing criminal investigation? The respondent filed a criminal writ petition number 576 of 2006 with the Delhi High Court. Vide this writ petition, the respondents sought a writ of mandamus that would direct the Commissioner of Police to take action against the appellant bank. Respondent no.1 alleged that her son committed suicide as a result of the manner in which the bank's recovery agents had repossessed her son's motorcycle. In the first information report (F.I.R.) dated 29.11.2005, the respondent alleged that on 16th October, 2005 at about 1.00 p.m., two recovery agents (referred to as "goons") forcibly entered her son's bedroom and started harassing and humiliating him for the loan payments that were overdue on his two wheeler and on his personal loan. 4. According to respondent no. 1, they repossessed the vehicle taken in the presence of his friends who ridiculed him for having lost the motorcycle. It is further mentioned in the FIR that the deceased had used his motorcycle to get vegetables for his small restaurant. It is also alleged that the deceased had to carry the vegetables on his back in the absence of his motorcycle. Upon finding the deceased carrying vegetables on his back, members of the neighborhood allegedly made snide comments. The deceased finally broke down before his wife and allegedly stated that he had never faced such a humiliation and disgrace in his entire life. On that very day, while his wife was washing clothes, the deceased went inside the small inner room and hung himself to death. We reiterate that this version of the events is found in the FIR and is thus an allegation at this time. 5. To ascertain the veracity of these assertions, the High Court ordered the Police to file reports as to the status of the investigation against the bank. The High Court later reviewed the two status reports that were filed by the Police. It found them unsatisfactory and accordingly, the High Court directed the Investigating Officer to: "conclude the investigation into the matter as expeditiously as possible and take necessary action against those who may be found guilty of abetting the deceased to commit suicide."
Supreme Court of India
Honourable Judges B.S. Chauhan, Fakkir Mohamed Ibrahim Kalifulla
Date of Judgment: 04 Oct 2012
Segment Number (Approximate Page Number): 4
Besides, the deceased had plenty of time to weigh the pros and cons of the act by which he ultimately ended his life. It cannot be said that the suicide by the deceased was the direct result of the words uttered by the appellant.” 10. In Sanju @ Sanjay Singh Sengar v. State of M.P., AIR 2002 SC 1998, a quarrel had taken place between the accused and the deceased during which, the accused asked the deceased “to go and die”. A chargesheet was filed against the accused under Section 306 r/w Section 107 IPC when the said person actually committed suicide. This Court dealt with the issue elaborately, taking into consideration the fact that the accused had also specifically been named in the suicide note left behind by the deceased, and held that merely asking a person “to go and die” does not in itself amount to instigation and also does not reflect mens rea, which is a necessary concomitant of instigation. The deceased was anyway in great distress and depression. The other evidence on record showed him to be a frustrated man who was in the habit of drinking. Thus, considering the said circumstances, this Court quashed the proceedings against the accused, holding that ingredients of abetment were not fulfilled therein. 11. In Madan Mohan Singh v. State of Gujarat & Anr., (2010) 8 SCC 628, this Court re-examined this question, in a similar case, involving Sections 306/107 IPC, wherein the deceased left a suicide note stating that the accused was solely responsible for his death. The deceased in this case, was a driver in the Microwave Project Department. He had undergone a bypass surgery for his heart, just before the occurrence of such incident and his doctor had advised him against performing any stressful duties. The accused was a superior officer to the deceased. When the deceased failed to comply with the orders of the accused, the accused became very angry and threatened to suspend the deceased, rebuking him very harshly for not listening to him. The accused also asked the deceased how he still found the will to live, despite being insulted so. The driver after all this, committed suicide. This Court found that such incident was a one time occurrence. For the purpose of bringing home any charge, vis-à-vis Section 306/107 IPC against the accused, this Court stated that there must be allegations to the effect that the accused had either instigated the deceased in some way, to commit suicide or had engaged with some other persons in a conspiracy to do so, or that the accused had in some way aided any act or illegal omission to cause the said suicide. In the said case, this court, after assessing the material on record, found that the deceased was suffering from mental imbalance which caused depression. The accused had never intended for the deceased employed under him to commit suicide.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 27 Nov 2020
Segment Number (Approximate Page Number): 5
In which it is written as Arnab Goswami ARV Outlife Of Republic TV having Rs.83 Lac of work done, 2) Firoz Khan having 4 crores of work done, 3) Nitesh Sarda 55 lacs of work done should be deposited and should be held responsible for my death and getting the same deposited and pay the dues of public. With regard to the contents written in the said note my husband Anvay Madhukar Naik had continuously informed me for last one or two years. While he used to tell me he was under immense pressure. Therefore I am having lawful complaint against. Arnab Goswami, 2. Firoz Khan, 3. Nilesh Sarda the persons whose names written in said suicide note by my husband Anvay Madhukar Naik that the abovementioned amount was due from them and even after continuously demanding the said amount have not paid the said amount and therefore my husband was under great pressure therefore my husband Anvay Naik Age 53 years and my mother in law Kumud Madhukar Naik died and the information of such contents was registered and PI Shri Warade is investigating the said offence.‖ The FIR records thus: (i) The appellant (who owns the company ARG) had not paid an amount of Rs. 83 lacs for the Bombay Dyeing Studio project. In addition, there was an outstanding amount of Rs. 4 crores from Feroz Shaikh and Rs. 55 lacs from Nitesh Sarda (who are the appellants in the connected Criminal Appeals); PART B (ii) The spouse of the informant had not received payment for the work which was carried out by him, as a result of which he was under mental pressure and that he committed suicide by hanging on 5 May 2018; (iii) There is a ‗suicide note‘ holding the above three individuals responsible; and (iv) The informant was informed on 5 May 2018, when she and her daughter were at their residence at Mumbai, that her mother-in-law Kumud Naik had died at their Alibaug residence. On the way to Alibaug, she was informed that her husband had committed suicide. On reaching the house at Alibaug, she found the body of her mother-in-law lying on a bed and that her spouse had committed suicide by hanging. 8 On 6 May 2018, officers from the Alibaug Police Station visited ARG‘s office in Mumbai and served three notices under Section 91 of the CrPC. On 7 and 8 May 2018, two representatives of ARG visited Alibaug Police Station where they claim to have handed over the information which was sought by the police in their notices under Section 91. On 22 May 2018, the appellant submitted a representation to the notice under Section 91 following which on 30 May 2018 and 28 June 2018, the statements of the Chief Financial Officer and Company Secretary of ARG were recorded. 9 On 16 April 2019, the SHO at Alibaug Police Station filed a report in the Court of the Chief Judicial Magistrate (―CJM‖) for an ‗A‘ summary. The CJM passed an order accepting the report and granted an ‗A‘ summary.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 17 Dec 2020
Segment Number (Approximate Page Number): 5
In the charge-sheet which has eventually been filed on 5 November 2020, the recovery panchnama of the suicide note does not find mention. The suicide note is not in the handwriting of the deceased; (v) The FIR contains a specific allegation that on 3 August 2020 the informant had received a telephone call from the father-in-law of the deceased demanding money and that on the same day in the afternoon at 3:09 pm and 5:31 pm the deceased spoke to the informant and his wife and informed them that she had been assaulted about 18 or 19 days earlier and of the threat to her life. The appellant told his daughter that he was in Faridabad and would reach Agra on the same night but before he could do so the deceased had allegedly been killed. The FIR alleges that the in- laws of the deceased had taken away the entire money which was earned by her as a doctor; (vi) The applications for anticipatory bail filed by the respondent-accused were dismissed by the Sessions Judge on 21 August 2020. A non-bailable warrant was issued on 9 September 2020. In spite of the dismissal of the PART B applications for anticipatory bail and the specific allegation that Deepti had been killed, only her spouse was taken in for custodial interrogation and the alleged murder has not been investigated. Though until 22 September 2020, the other accused were not protected from arrest, no effort was made by the police to trace them in the interim; (vii) A charge-sheet dated 24 October 2020 was submitted to the competent court on 5 November 2020 hastily, without proper investigation of the crime; (viii) The order of the High Court cannot pass muster on the basis of the law which has been laid down by this Court in the following decisions: (i) (2001) 6 SCC 338; Puran vs Ramvilas (ii) (2005) 8 SCC 21; State of U.P. vs Amarmani Tripathi (iii) (2012) 4 SCC 379; Jaiprakash Singh vs State of Bihar (iv) (2016) 15 SCC 422; Neeru Yadav vs State of U.P. (v) (2020) 5 SCC 1; Sushila Agarwal vs NCT of Delhi (vi) (1997) 7 SCC 187; State vs Anil Sharma and (vii) (2005) 4 SCC 303; Adri Narayan Das vs State of West Bengal 8 Opposing the above submissions, Mr Sidharth Luthra, Senior Counsel submitted that: (i) The deceased and her husband commenced living separately from 12 October 2018; (ii) The post mortem report indicates that the death occurred as a result of suicide by hanging. The absence of bodily injuries would displace the allegation that the in-laws are involved in the murder of the deceased; PART B (iii) An amount of Rs.16.01 lacs received by the deceased in her bank account from the family of the informant between 4 December 2015 and 25 March 2017, has been converted into fixed deposit receipts in the State Bank of India. While the deceased has transferred an amount of Rs.24 lacs from her account to her father-in-law between 4 December 2015 and 1 March 2017, this was as a part of the investment towards the construction of a hospital.
Supreme Court of India
Honourable Judges Dhananjaya Y. Chandrachud, Uday Umesh Lalit
Date of Judgment: 28 Nov 2018
Segment Number (Approximate Page Number): 4
Each individual has his own idea of self-esteem and self-respect. Different people behave differently in the same situation. It is unfortunate that such an episode of suicide had taken place in the family. But the question that remains to be Crl. Appeal No. ……….of 2018(Arising out of SLP(Crl.)No.7933/2018) answered is whether the appellants can be connected with that unfortunate incident in any manner? 49. On a careful perusal of the entire material on record and the law, which has been declared by this Court, we can safely arrive at the conclusion that the appellants are not even remotely connected with the offence under Section 306 IPC. It may be relevant to mention that criminal proceedings against the husband of the deceased Anandraj (A-1) and Easwari (A-3) are pending adjudication.” 12. In State of Kerala and others (supra) the person who committed suicide was a CBI official investigating into a crime. According to the suicide note left behind by the victim, two officials of CBI, who were in fact juniors to him, an advocate as well as Chief Judicial Magistrate were statedly responsible for the suicide. Again, considering the facts, this Court upheld the decision of the High Court in quashing the FIR. The observations of this Court in paragraph 12 are noteworthy. Said paragraph 12 was to the following effect: “12. As we find from the narration of facts and the material brought on record in the case at hand, it is the suicide note which forms the fulcrum of the allegations and for proper appreciation of the same, we have reproduced it hereinbefore. On a plain reading of the same, it is difficult to hold that there has been any abetment by the respondents. The note, Crl. Appeal No. ……….of 2018(Arising out of SLP(Crl.)No.7933/2018) except saying that the respondents compelled him to do everything and cheated him and put him in deep trouble, contains nothing else. The respondents were inferior in rank and it is surprising that such a thing could happen. That apart, the allegation is really vague. It also baffles reason, for the Department had made him the head of the investigating team and the High Court had reposed complete faith in him and granted him the liberty to move the Court, in such a situation, there was no warrant to feel cheated and to be put in trouble by the officers belonging to the lower rank. That apart, he has also put the blame on the Chief Judicial Magistrate by stating that he had put pressure on him. He has also made the allegation against the advocate.” 13. We now consider the facts of the present case. There are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim recorded during investigation. The record shows that 3-4 days prior to the suicide there was an altercation between the victim and the first respondent.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 27 Nov 2020
Segment Number (Approximate Page Number): 25
A suicide note was relied upon in the FIR, the contents of which indicated that the driver had not been given a fixed vehicle unlike other drivers besides which he had other complaints including the deduction of 15 days‘ wages from his salary. The suicide note named the accused–appellant. In the decision of a two judge Bench of this Court, delivered by Justice V S Sirpurkar, the test laid down in Bhajan Lal (supra) was applied and the Court held: ―10. We are convinced that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less under Section 306 IPC. We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to commit suicide. In such matters there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. 11. In spite of our best efforts and microscopic examination of the suicide note and the FIR, all that we find is that the suicide note is a rhetoric document in the nature of a departmental complaint. It also suggests some mental imbalance on the part of the deceased which he himself describes as depression. In the so-called suicide note, it cannot be said that the accused ever intended that the driver under him should commit suicide or should end his life and did anything in that behalf. Even if it is accepted that the accused changed the duty of the driver or that the accused asked him not to take the keys of the car and to keep the keys of the car in the office itself, it does not mean that the accused intended or knew that the driver should commit suicide because of this.‖ Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed: PART I ―12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note.‖ The Court noted that the suicide note expressed a state of anguish of the deceased and ―cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide‖. Reversing the judgement of the High Court, the petition under Section 482 was allowed and the FIR was quashed.
Supreme Court of India
Honourable Judges Cyriac Joseph, V.S. Sirpurkar
Date of Judgment: 17 Aug 2010
Segment Number (Approximate Page Number): 4
The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306, IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306, IPC either in the FIR or in the so-called suicide note. 9. It is absurd to even think that a superior officer like the appellant would intend to bring about suicide of his driver and, therefore, abet the offence. In fact, there is no nexus between the so called suicide (if at all it is one for which also there is no material on record) and any of the alleged acts on the part of the appellant. There is no proximity either. In the prosecution under Section 306, IPC, much more material is required. The Courts have to be extremely careful as the main person is not available for cross- examination by the appellant/accused. Unless, therefore, there is specific allegation and material of definite nature (not imaginary or inferential one), it would be hazardous to ask the appellant/accused to face the trial. A criminal trial is not exactly a pleasant experience. The person like the appellant in present case who is serving in a responsible post would certainly suffer great prejudice, were he to face prosecution on absurd allegations of irrelevant nature. In the similar circumstances, as reported in Netai Dutta Vs. State of W.B. [2005 (2) SCC 659], this Court had quashed the proceedings initiated against the accused. 10. As regards the suicide note, which is a document of about 15 pages, all that we can say is that it is an anguish expressed by the driver who felt that his boss (the accused) had wronged him. The suicide note and the FIR do not impress us at all. They cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide. If the prosecutions are allowed to continue on such basis, it will be difficult for every superior officer even to work. 11. It was tried to be contended by the learned counsel appearing on behalf of the complainant that at this stage, we should not go into the merits of the FIR or the said suicide note. It is trite law now that where there is some material alleged in the FIR, then such FIR and the ensuing proceedings should not be quashed under Section 482 Cr.P.C. It is for this reason that we very closely examined the FIR to see whether it amounts to a proper complaint for the offence under Sections 306 and 294(b) IPC. Insofar as Section 294(b) IPC is concerned, we could not find a single word in the FIR or even in the so-called suicide note.
Supreme Court of India
Honourable Judges Cyriac Joseph, V.S. Sirpurkar
Date of Judgment: 17 Aug 2010
Segment Number (Approximate Page Number): 2
3. This First Information Report was filed and registered on 17.3.2008 i.e. after the 24 days of the death of her husband. It is this report which is challenged suggesting that even if the whole report is accepted as it is, it did not disclose any offence much less the offences under Sections 306 and 294, IPC. Since, the Gujarat High Court did not agree and dismissed the petition; the appellant is before us now. 4. Shri K.T.S. Tulsi, learned Senior Advocate took us through the FIR in which there is reference to a suicide note allegedly written by the deceased, a Xerox copy of which was produced by the complainant. The copy of that suicide note was filed before us. It seems to be a letter dated 4.2.2008 written to the Chief General Manager, Telecom Project. It is a huge complaint in which the incident dated 15.10.2007 was mentioned when allegedly the appellant asked the driver to keep the keys of the vehicle on the table and not to take away them. There is also a complaint against the working style of the Madan Mohan Singh by the driver. There is one significant sentence I was put under mental tension by M.M. Singh. Without any concrete proof and evidence I was put under insulting position due to which I began to feel resentment and insult and I came under depression. 5. The further complaint in that so-called suicide note appears to be that the driver was not given a fixed vehicle though all the drivers were given fixed vehicles to drive. There is also a complaint against one Raghunathan suggesting that he misled the DGM and had given him a very bad vehicle to drive. By way of example, it was pointed out that the keys of the vehicle were taken in the absence of Incharge, M.K. Sovangya without giving any reasons verbally. Then he was not given any charge of the vehicle and running log book. Thirdly, he was sent the transfer order by post. The attendance of the office staff was not maintained and he was transferred and the vehicle was given to a regular labour. There is also a complaint about the salary of 15 days which was deducted by Madan Mohan Singh. A fair inquiry was sought for by the said driver. It was suggested that his retirement date was 25.12.2012 and salary should be recovered from Madan Mohan Singh as he had harassed him without giving any concrete reason. It is then suggested in the followings words: I am going to commit suicide due to his functioning style. Alone M.M. Singh, D.E.T. Microwave Project is responsible for my death. I pray humbly to the officers of the department that you should not cooperate as human being to defend M.M. Singh. M.M. Singh has acted in breach of discipline disregarding the norms of discipline. I humbly request the Enquiry Officer that my wife and son may not be harassed. My life has been ruined by M.M. Singh." 6. This huge note is addressed to inquiry officer, Chief General Manager and also to the Chief Justice.
Supreme Court of India
Honourable Judges Sudhansu Jyoti Mukhopadhaya, A.K. Patnaik
Date of Judgment: 01 Apr 2013
Segment Number (Approximate Page Number): 2
He further submitted that there was also evidence of PW 1 that the accused used to lock the house from outside and keep with him the keys with the deceased inside the house. He argued that the aforesaid evidence makes out the case of harassment, cruelty and abetment of suicide and therefore, the respondent was guilty of the charges under Sections 498A and 306, IPC. 6. We have perused the evidence of PW 1 and we find that the respondent had taken PW 1 and his younger brother for a movie when the deceased committed suicide. This is what PW 1 has stated in his evidence with regard to what happened on the day the deceased committed suicide: “...On the fateful day, neither myself nor my father requested my mother to accompany us to see movie, as my mother was in a disturbed mood and my father asked us not to press her to come along with us. It is not true to suggest that there were no quarrel on that day and that I am saying for the first time contradictory statement. My father did not quarrel with us on that day. Myself and my brother accompanied my father to watch movie willfully, my mother did not oppose for us to go to movie and did not oppose for being the main door locked from outside of the home. My mother did not put the lock from outside or that she would bolt the door from inside by herself. At the time when we were leaving from our flat my mother was well awake and saw us going for movie. My mother knows that we were going to movie. My brother also told my mother that we are all going to movie. My mother did not show any interest to accompany us. Neither my father nor myself or my brother ever had any thought that she would attempt to commit suicide.” It is clear from the aforesaid evidence of PW 1 that the deceased herself opted not to go to the movie on that day along with the respondent and their two sons and neither the respondent nor the two sons had any thought that the deceased would commit suicide when they have gone to the movie. This being the evidence of the prosecution witness (PW 1), we fail to see how the case for abetment of suicide by the respondent could be made out, particularly when the deceased had left behind a suicide note (Ext. P1) absolving the respondent and all others from the responsibility for the step taken by her to commit suicide by taking poison. 7. Also from the evidence of PW 1 we do not find any act of cruelty or harassment as such committed by the respondent within the meaning of Clauses (a) and (b) of the Explanation to Section 498A, IPC. Clause (a) of the Explanation to Section 498A, IPC states that any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman amounts to 'cruelty'.
Supreme Court of India
Honourable Judges Hrishikesh Roy, Dhananjaya Y Chandrachud
Date of Judgment: 10 Dec 2019
Segment Number (Approximate Page Number): 3
Thus I realized that my daughter has not committed suicide but she has been murdered. On 12.6.2017 I gave a typed report in respect of murder to PS Majhola. I had signed on that report. The witness identified the report present in the file as paper No. 4/3. She read the report and verified it as the same report which she had given to PS Majhola. Report is marked as Ex. Ka-1. I had also complained to higher officials about this incident on whose order the dead body of my daughter’s body was exhumed from the grave after 9 days and post mortem was done. As my son in law Akram has high connections and a cunning person he managed to connive with the police and got his name out.” 7 On 5 October 2018, on the basis of the substantive evidence of the appellant (PW-1) an application1 was moved under Section 319 of the CrPC to summon the second respondent to face trial as he appeared to be complicit in the crime leading up to the murder of his wife. 8 On 6 December 2018, the appellant was cross-examined. In the cross- examination, the appellant deposed thus: “At the time of incident my daughter Juhi had been married for 9 to 10 years. My daughter did not have any child. Because of not having a child, the in laws family used to trouble her, Juhi used to say that she is not responsible for it. Daughter’s in laws used to demand for a house. My daughter and son in law had come to our house on the date of incident in the evening and after having dinner went away at about 10 pm. At that time also my daughter Juhi told me that her husband etc used to trouble her. At 3 o’clock we were preparing for sehari (morning meal during Ramzan) when my 1 Application no (16B) son in law Akram phoned that your daughter has hanged herself. We reached the place of incident, the house, within 10 minutes. In the house my son in law Akram was present and the gate was open. Apart from Akram there was no one else there. The dead body of my daughter was lying on the floor and Akram was sitting on the sofa and pretending to be crying. My daughter and son in law’s room was on the first floor. In that house only my daughter and son in law used to reside. When I reached the place of incident there was no one else present but before we started crying and yelling rest of the people came later. At that time I was very perturbed because of which I could not see the injury marks on the body of my daughter. Later on I saw in the photos of my daughter’s injury marks on her neck, hands and legs of being tied. When I reached, the floor was absolutely clean. It appeared as if the floor had been cleaned. I tried to give breath to my daughter, her mouth was smelling foul. At the site a bottle was found which the police took in it custody. There was no suicide note, etc present. I returned to my home after 10 days from the date of incident. The report of this incident was lodged by me at the police station Majhola. My daughter was buried the same day.
Supreme Court of India
Honourable Judges Mukundakam Sharma, Arijit Pasayat
Date of Judgment: 28 Nov 2008
Segment Number (Approximate Page Number): 2
The intentional instigation and cruel conduct of the accused had prompted the deceased to commit suicide. On being informed, both the accused and her mother are alleged to have come to Machilipatnam. The accused removed her Mangalasutram from her neck, had thrown only the black beads on the dead body keeping the gold suthrams with her and left the place stating that she had no connection with the family of the complainant and the Almighty had fulfilled her desire. It was alleged that, thereafter, the accused did not visit the house of the complainant and also did she attend the funeral ceremony of her husband. 4. Questioning the issuance of process in proceedings, respondent No.1 filed a petition before the High Court. It was stated that even if allegations in the complaint are accepted as true, the abusive language alleged to have been used by the accused on 3.6.2004 could not have led to suicide as the deceased had come back to his native village after staying three days in the house of the accused and on 9.6.2004 the dead body was recovered from a lodging house where the accused had stayed under an assumed name and after giving a false address. 5. The stand of the present appellant was that the harsh and abusive language used by the accused was the cause of suicide and therefore the High Court ought not to have interfered in the matter. The High Court found that the ingredients of Section 306 IPC which relate to abetment of suicide have no application to the facts of the case. 6. In support of the appeal, learned counsel submitted that the High Court should not have gone into the merits of the case and it should not have interfered in the manner done. 7. Learned counsel for respondent No.1 on the other hand submitted that there were suppressions at every stage by the appellant. The true purpose was to harass respondent No.1 and her family members. On their own showing, huge demands for dowry were raised and the suicide, if any, was not because of any abusive language used by respondent No.1. As is admitted by the prosecution, the deceased stayed for three days in the house of accused and thereafter came to his own village. For strange reasons instead of staying in his own house in Machilipatnam, he stayed at a lodging house under false name and fictitious address. If he was really hurt and had any grudge from the abusive language of the accused as contended in the complaint, he could have committed suicide immediately after the so called abuses were made. Even otherwise, he could have done so at his home, after reaching his native village. But he did not do that. He also did not commit suicide in his place of stay at Machilipatnam and committed suicide at a lodging house. All this goes to show that there was no abetment of suicide. 8. Section 306 deals with abetment of suicide and Section 107 deals with abetment of a thing.
Supreme Court of India
Honourable Judges Dr. Chandrachud, B.V. Nagarathna
Date of Judgment: 29 Oct 2021
Segment Number (Approximate Page Number): 13
In the next sentence, he states that he has been psychologically/emotionally trouble and hence, he is consuming poison and that the petitioner and his driver alone are responsible. For a person, who has detailed 20 transactions, it can be prudently expected of such a person to give details of the threat. 33. In the next unnumbered paragraph, a totally different story/note is set out as a reason for the petitioner threatening the deceased. In the unnumbered paragraph, he states that there was shortage in the cash to the tune of Rs.8 lakhs and that the petitioner suspected him as being responsible for the same and hence, threatened him that if the deceased did not repay said Rs.8 lakhs, he would have the deceased killed at the hands of rowdies. Thereafter, in the next sentence he states that in view of the same, he has decided to consume poison and that the petitioner and his driver are responsible for the same. 34. In paragraph no.20, the deceased holds the petitioner responsible for withholding the salary for the last three months. The other paragraphs including paragraph no.20 detail the properties said to have been amassed by the petitioner and other illegal transactions. After having perused and scrutinized the death note, a query was put to the learned High Court Government Pleader and the counsel appearing on behalf of 2nd respondent as to whether the investigation has thrown up any material that corroborates any of the allegations set-out in the death note. The learned High Court Government Pleader would fairly submit that they have not been able unearth any material to corroborate any of the allegations. 39. As discussed above, the death note contains no incriminating statement or material except for a bald and vague statement but that the accused had threatened him. Even the complaint does not disclose any details of the alleged threat nor does the complaint state that the deceased had on multiple occasions complained of having received threats from accused. Even the allegation of the demand for repayment of Rs.8 lakhs rings hollow as neither the prosecution nor the de-facto complainant have been able to place an iota of material that the deceased was or had in fact been in possession of huge sum of money.” Further, the observation of the High Court that there is no material to corroborate the allegations made in the suicide note is erroneous since it is not a consideration for the High Court while exercising its power under Section 482 of the CrPC, particularly in view of the fact that the trial has not begun and the Single Judge had stayed the investigation in the criminal complaint. 28 The Single Judge, other than deciding on the merits of the case while exercising the power under Section 482 of the CrPC, has also made observations diminishing the importance of mental health. The mental health of a person cannot be compressed into a one size fits all approach.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 17 Dec 2020
Segment Number (Approximate Page Number): 4
B Submissions of Counsel 7 Assailing the grant of anticipatory bail, Mr Shekhar Naphade, Senior Counsel representing the Appellant, submitted that: (i) Though specific allegations have been leveled in the FIR that the deceased has been killed, which indicates the commission of a cognizable offence, there has been no investigation by the police of whether the death was homicidal and she was murdered; (ii) The Sessions Judge, while denying anticipatory bail, made a specific reference to the transfer of moneys by the deceased into the account of her father-in-law. As a matter of fact, between 19 November 2015 and 15 December 2018, an amount of Rs.50.53 lacs was transferred by the parents of the deceased (of which an amount of Rs.15 lacs has been paid directly by a family friend to the father-in-law of the deceased), the rest being transferred into her account. The amount of Rs 15 lakhs was repaid by the informant on 17 December 2019 to the person who had lent the PART B moneys. Between 4 December 2015 and 1 March 2017, the deceased transferred an amount of Rs.24 lacs by bank transfer from her account to the account of her father-in-law. Details of these payments are as follows: C. AMOUNT TRANSFERRED FROM DECEASED TO R-5 FOR INVESTMENT [PG. K, SLP] S. Date Amount Purpose Pages Corresponding No (Counter) same entry in A2’s Balance Sheet @ Pg (Counter) 04.12.2015 2,00,000 Building 274 180 1. Construction Investment 02.06.2016 2,00,000 Building 275 183 (Received next 2. Construction day i.e 03.06.2016) Investment 30.06.2016 5,00,000 Building 275 184 3. Construction Investment 01.03.2017 15,00,000 Building 277 187 4. Construction Investment Total 24,00,000 (iii) The deceased was an anesthetist and was working in the family run nursing home of the respondent-accused. She died within 5 years and 8 months of her marriage. There are specific allegations in the FIR of an incident which took place on 1 October 2017 when the deceased was assaulted by her mother-in-law and by the elder brother of her husband (brother-in-law of the deceased) and his spouse (sister-in-law of the deceased); at the instance of her father-in-law, which led to the filing of a complaint with the SHO, Police Station Kosi Kalan, District Mathura on 1 October 2017. The medical report of the examination of the deceased shows the presence of five injuries which have been attributed to be PART B caused by a hard and blunt object; The complaint was not pursued to save the marriage of the deceased; (iv) The police were informed of the incident of hanging of the victim at 1930 hours on 3 August 2020. The investigating team however reached the site only on 4 August 2020 at 1130 and at 1330 hours prepared an inventory of articles recovered from the scene. It is alleged that the suicide note is missing from the list and finds a mention only in a General Diary entry at 2356 hours.
Supreme Court of India
Honourable Judges S. Abdul Nazeer, N. V. Ramana
Date of Judgment: 09 Apr 2018
Segment Number (Approximate Page Number): 1
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.515-516 OF 2018 (Arising out of Special Leave Petition (Crl.) Nos. 6453-54 of 2015) MUNSHIRAM …APPELLANT (S) VERSUS STATE OF RAJASTHAN AND ANR. ETC. …RESPONDENT (S) JUDGMENT N. V. RAMANA, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order, dt. 15.04.2015, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Miscellaneous Petition Nos. 2372 of 2014 and 3508 of 2014, wherein the High Court quashed the FIR No. 318 of 2013 filed under Section 306 of IPC. 3. Before we analyse the case at hand, it would be necessary to observe the facts of this case which gave rise to the aforesaid FIR. The deceased son of the Appellant herein (Brijesh Singh) got married to Respondent no. 2 - wife (Khushboo) on 10.2.2008. From the aforesaid wedlock, the couple were blessed with a male child on 29.10.2009. It is to be noted that the wife on previous occasions had filed multiple complaints against her husband which were ultimately compromised. Moreover, the husband had also filed a complaint dt. 13.7.2010 alleging atrocities committed by her and her family on the deceased and his family. On 7.03.2013, Respondent- wife instituted another proceeding against the deceased. It is alleged that the deceased was under a constant fear of arrest and harassment because of false implication in criminal case. Thereafter a compromise is said to have been entered into between the deceased and the respondent - wife, wherein he had promised not to repeat any of the aforesaid occurrences. Thereafter, Respondent again filed an FIR No. 152 of 2013 against the deceased and the Petitioner under Sections 147, 323, 341 and 351 of IPC. It may not be out of context to mention here that the Respondent - wife also filed a domestic violence case against the deceased son of the appellant. It is alleged that on 8.7.2013, due to continuous humiliation and suffering inflicted upon by the wife and the accused persons, the Appellant’s son (Brijesh Singh) committed suicide. Before committing the suicide, the deceased is said to have written two suicide notes which needs to be recorded herein. Suicide Note 1 My wife Khushboo and his parents and family members since after marriage are threatening me and my family saying that we are dacoits and we will kill you and also have filed false cases of dowry and domestic violence. My wife Khushboo has got an illicit relation with Rajkumar the 2nd son of SI Gajadhar living in her neighbourhood and Rajesh Aggarwal and son of Fawji and others also keep on facilitating / helping them. My wife, my in-laws and these boys are intending to grab the factory and house of my parents, this is why they keep on torturing us and do not allow me and my parents to meet my son. Me and my parents are in deep agony since after my marriage.
Supreme Court of India
Honourable Judges M.B. Shah, H.K. Sema
Date of Judgment: 01 May 2002
Segment Number (Approximate Page Number): 3
Reverting to the facts of the case, both the courts below have erroneously accepted the prosecution story that the suicide by the deceased is the direct result of the quarrel that had taken place on 25th July, 1998 wherein it is alleged that the appellant had used abusive language and had reportedly told the deceased 'to go and die'. For this, the courts relied on a statement of Shashi Bhushan, brother of the deceased, made under Section 161 Cr.P.C. when reportedly the deceased, after coming back from the house of the appellant, told him that the appellant had humiliated him and abused him with filthy words. The statement of Shashi Bhushan, recorded under Section 161 Cr.P.C. is annexed as annexure P-3 to this appeal and going through the statement, we find that he has not stated that the deceased had told him that the appellant had asked him 'to go and die'. Even if we accept the prosecution story that the appellant did tell the deceased 'to go and die', that itself does not constitute the ingredient of 'instigation'. The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is in a fit of anger and emotional. Secondly, the alleged abusive words, said to have been told to the deceased were on 25th July, 1998 ensued by quarrel. The deceased was found hanging on 27th July, 1998. Assuming that the deceased had taken the abusive language seriously, he had enough time in between to think over and reflect and, therefore, it cannot be said that the abusive language, which had been used by the appellant on 25th July, 1998 drived the deceased to commit suicide. Suicide by the deceased on 27th July, 1998 is not proximate to the abusive language uttered by the appellant on 25th July, 1998. The fact that the deceased committed suicide on 27th July, 1998 would itself clearly pointed out that it is not the direct result of the quarrel taken place on 25th July, 1998 when it is alleged that the appellant had used the abusive language and also told the deceased to go and die. This fact had escaped notice of the courts below. The next and most important material is the suicide note left by the deceased. The translated copy is annexed to this appeal as annexure P-1. It is extracted: "SUICIDE NOTE Danik Bhaskar 581 South Civil Lines Jabalpur. Agent Name Sengar New Agency Place Goshalpur No. of copies 409 Date Name of the person who prepared label Gosalpur Sengar has threatned to report under Dowery demand and threatned to involve family members due to this I am writing in my full senses that Sanjay Sangar is responsible for my death. Sanjay Sangar also Mukraj commander Loota Tha Sanjay ki.
Supreme Court of India
Honourable Judges Dr. Chandrachud, B.V. Nagarathna
Date of Judgment: 29 Oct 2021
Segment Number (Approximate Page Number): 2
When he attempted to call the deceased on his cell phone, the deceased spoke in a drunken state and it was apprehended that he was in some difficulty. The complainant alleged that he proceeded to the lodge at 3.00 pm and met Shashi Kumar and found that the room was bolted from inside. The complainant was informed that on 4 December 2016, the deceased had asked Shashi Kumar to arrange a room at a lodge, where he stayed with Shashi Kumar. The deceased is alleged to have informed Shashi Kumar that his life was in danger as the deceased was aware of the illegal activities of the accused in amassing wealth as a result of which he was being threatened with murder. The deceased asked Shashi Kumar to leave the room as the deceased was expecting another friend of his, Suresh, to join him, with whom he was going to discuss the activities of the accused. On 5 December 2016, the deceased called Shashi Kumar to bring him food at the lodge, which was delivered. The deceased informed Shashi Kumar that his friend Suresh had not turned up. He also told Shashi Kumar to return home as one of his other friends would be staying with him. 4 On finding that the deceased was not opening his room on 6 December 2016, a ladder was used by the complainant to access the window of the deceased’s room, with the help of the Manager of the lodge. The deceased was found to be in “sleeping mode”. The Maddur Police Station was informed and when the door of his room was opened at 18:00 hours, the deceased was found to have died. On a teapoy next to the cot, a bottle of liquor, poison and a suicide note written by the deceased were found. The suicide note was uploaded by the deceased on his Facebook account through his mobile. The complaint narrates that the suicide note has referred to the illegal activities of the accused in amassing wealth in excess of Rs. 100 crores, converting black money into white and transferring funds from the bank account of the deceased through his mobile to the accounts of the relatives of the accused. The complaint alleged that the accused had threatened the deceased with death and harassed him as a result of which the deceased, having suffered mental stress, committed suicide by consuming poison. 5 The FIR was registered at 20:00 hours on 6 December 2016. The second respondent-accused, an SLAO for Bengaluru City, and another driver of his car were named as accused. The suicide note recorded by the deceased allegedly in his own handwriting contains a detailed narration of the properties alleged to have been illegally acquired by the second respondent.
Supreme Court of India
Honourable Judges S. Abdul Nazeer, Krishna Murari
Date of Judgment: 05 Oct 2021
Segment Number (Approximate Page Number): 7
In the said case, an FIR was registered under Section 306 IPC stating that the son and daughter-in-law were teachers in a Zila Parishad School where the accused was also a teacher used to make frequent calls on the mobile of the daughter-in-law, and used to harass her. Despite the efforts of the son of the informant in trying to make the accused see reason and stop calling, the accused continued with his activity. On 09.02.2015, there was a verbal altercation between the son of the informant and the accused and on 6. (2019) 13 SCC 598 12.02.2015, he committed suicide leaving a note stating that his family life has been ruined by the accused who should not be pardoned and should be hanged. Under Section 482 Cr.PC, a petition was filed by the accused challenging the FIR, which was allowed by the High Court and thereafter, was challenged before this Court. The appeal was allowed by this Court and made the following observations:- “We now consider the facts of the present case. There are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim recorded during investigation. The record shows that 3-4 days prior to the suicide there was an altercation between the victim and the first respondent. In the light of these facts, coupled with the fact that the suicide note made definite allegation against first respondent, the High Court was not justified in entering into question whether the first respondent had the requisite intention to aid or instigate or abate the commission of suicide. At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.” In the above quoted observations of this Court, there is a clear indication that there was a specific averment in the FIR that the respondent had continuously harassed the spouse of the victim and did not rectify his conduct despite being objected by the victim. Thus, as a matter of fact he had actively facilitated in the commission of suicide. 22. What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on the part of the accused which compelled the commission of suicide. Further, if the person committing suicide is hypersensitive and the allegations attributed to the accused is otherwise not ordinarily expected to induce a similarly situated person to take the extreme step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide.
Supreme Court of India
Honourable Judges Pankaj Mithal, Abhay S. Oka
Date of Judgment: 01 Dec 2023
Segment Number (Approximate Page Number): 2
Learned counsel submitted that taking the suicide note and complaint of the third respondent as correct, by no stretch of the imagination, an offence punishable under Section 306 of IPC is made out. 6. The learned counsel appearing for the State and learned counsel appearing for the respondents supported the impugned judgment. Their submission is that the allegations in the suicide note are sufficient to make out a prima facie case against the appellants. Their submission is that the issue of whether the offence under Section 306 of IPC is made out can be decided only after evidence is adduced. OUR VIEW 7. The suicide note records that the third respondent had borrowed a sum of Rs.60,000/-. According to the deceased, he had paid more than half of the amount to Sandeep. The suicide note records that as he could not pay the rest of the money, the first appellant came to his house and started abusing him. He stated that the first appellant had assaulted him, and therefore, he complained to the police. He further noted that the business of giving money on interest was prospering. He stated that the third respondent is not a prudent woman, and due to her habit of intoxication and due to her conduct, she got trapped in this. In the suicide note, it is further stated that the first appellant has made his life a hell. Criminal Appeal no.3578 of 2023 Page 3 of 6 8. According to the complaint of the third respondent, the incident in her shop of the first appellant threatening and assaulting her and her husband was on 15th June 2017. After that, notice under Section 138 of the Negotiable Instruments Act, 1881, was issued by Sandeep to the deceased on 27th June 2017. The suicide note was written three days after that, on 30th June 2017. The deceased committed suicide three days thereafter. Neither in the complaint of the third respondent nor in the suicide note, it is alleged that after 15th June 2017, the appellants or Sandeep either met or spoke to the third respondent and her deceased husband. Section 306 of the IPC makes abetment to commit suicide as an offence. Section 107 of the IPC, which defines the abetment of a thing, reads thus: “Section 107 -- Abetment of a thing.- A person abets the doing of a thing, who— First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Supreme Court of India
Honourable Judges Uday Umesh Lalit, Arun Mishra
Date of Judgment: 17 May 2018
Segment Number (Approximate Page Number): 2
6. In Madan Mohan Singh v. State of Gujarat and another1 the deceased was a driver who had undergone a bypass surgery and was advised against performing any stressful duties. The accused was a superior officer (2010) 8 SCC 628 who had rebuked the deceased harshly and threatened to suspend him when the deceased had failed to comply with his directions. The deceased thereafter committed suicide and left behind a suicide note stating that the accused was solely responsible for his death. In these facts, this Court held that there must be allegations to the effect that the accused had either instigated the deceased in some way to commit suicide or had engaged with some other person in conspiracy to do so or that the accused had in some way aided any act or illegal omission to bring about the suicide. The prayer for quashing preferred by the accused was accepted by this Court and the proceedings were quashed. 7. At the same time the facts in Praveen Pradhan v. State of Uttaranchal and another2 show that a junior officer was allegedly compelled by the superior to indulge in several wrongful practices at the work place; the junior officer was not comfortable in complying with such orders, as a result of which the junior officer was harassed and insulted on regular intervals and disgraced in front of the staff of the entire factory and rebuked with comments such as “had there been any other person in his place he would have died by hanging himself.” The junior officer committed suicide leaving behind a note detailing all the incidents and (2012) 9 SCC 734 asserting against his superior. In these circumstances prayer for quashing was rejected by this Court. 8. In the backdrop of these two lines of cases, we have gone through the material on record. There is no suicide note left behind by the deceased and the only material on record is in the form of assertions made by his wife in her reporting to the police. It is true that if a situation is created deliberately so as to drive a person to commit suicide, there would be room for attracting Section 306 IPC. However, the facts on record in the present case are completely inadequate and insufficient. As a superior officer, if some work was assigned by the applicant to the deceased, merely on that count it cannot be said that there was any guilty mind or criminal intent. The exigencies of work and the situation may call for certain action on part of a superior including stopping of salary of a junior officer for a month. That action simplicitor cannot be considered to be a pointer against such superior officer.
Supreme Court of India
Honourable Judges Dr. Chandrachud, Ms. Malhotra, Ms. Banerjee
Date of Judgment: 17 Dec 2020
Segment Number (Approximate Page Number): 17
As the learned Senior Counsel for the State of Uttar Pradesh informed the Court, the forensic science laboratory referred the matter back in the absence of adequate material to assess the genuineness of the suicide note and upon re- submission, a report is awaited. Within a couple of days of the death of Deepti, the alleged suicide note found its way into the newspapers in Agra. This is in fact a circumstance relied upon by the learned Counsel for the accused when they submit that despite the publicity given to the suicide note, the FIR does not impugn its authenticity. The sequence in this case appears to follow familiar patterns. Immediate publicity was given to the alleged suicide note. These examples are now becoming familiar. Selective disclosures to the media affect the rights of the accused in some cases and the rights of victims‟ PART D families in others. The media does have a legitimate stake in fair reporting. But events such as what has happened in this case show how the selective divulging of information, including the disclosure of material which may eventually form a crucial part of the evidentiary record at the criminal trial, can be used to derail the administration of criminal justice. The investigating officer has a duty to investigate when information about the commission of a cognizable offence is brought to their attention. Unfortunately, this role is being compromised by the manner in which selective leaks take place in the public realm. This is not fair to the accused because it pulls the rug below the presumption of innocence. It is not fair to the victims of crime, if they have survived the crime, and where they have not, to their families. Neither the victims nor their families have a platform to answer the publication of lurid details about their lives and circumstances. Having said this, we prima facie reject the insinuation that the FIR had not doubted or referenced the suicide note, despite its publication in the news media. The daughter of the appellant had died in mysterious circumstances. The family had completed the last rites. To expect that they should be scouring the pages of the print and electronic media before reporting the crime is a mockery of the human condition. The apprehension of the appellant that A-2 and his family have a prominent social status in Agra and may have used their position in society to thwart a proper investigation cannot be regarded to be unjustified. 21 In the backdrop of what has been stated above and the serious deficiencies in the investigation, we have during the hearing, made all the counsel aware of the PART D possibility of this court referring the case for further investigation to the CBI. The court must enter upon the prospect of such a course of action with circumspection for two reasons.
Supreme Court of India
Honourable Judges Tarun Chatterjee
Date of Judgment: 28 Feb 2005
Segment Number (Approximate Page Number): 2
There is absolutely no averment in the alleged suicide note that the present appellant had caused any harm to him or was in any way responsible for delay in paying salary to deceased Pranab Kumar Nag. It seems that the deceased was very much dissatisfied with the working conditions at the work place. But, it may also be noticed that the deceased after his transfer in 1999 had never joined the office at 160 B.L. Saha Road, Kolkata and had absented himself for a period of two years and that the suicide took place on 16.2.2001. It cannot be said that the present appellant had in any way instigated the deceased to commit suicide or he was responsible for the suicide of Pranab Kumar Nag. An offence under Section 306 IPC would stand only if there is an abetment for the commission of the crime. The parameters of the "abetment" have been stated in Section 107 of the Indian Penal Code. Section 107 says that a person abets the doing of a thing, who instigates any person to do that thing; or engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, or the person should have intentionally aided any act or illegal omission. The explanation to Section 107 says that any willful misrepresentation or willful concealment of a material fact which he is bound to disclose, may also come within the contours of "abetment". In the suicide note, except referring to the name of the appellant at two places, there is no reference of any act or incidence whereby the appellant herein is alleged to have committed any willful act or omission or intentionally aided or instigated the deceased Pranab Kumar Nag in committing the act of suicide. There is no case that the appellant has played any part or any role in any conspiracy, which ultimately instigated or resulted in the commission of suicide by deceased Pranab Kumar Nag. Apart from the suicide note, there is no allegation made by the complainant that the appellant herein in any way was harassing his brother, Pranab Kumar Nag. The case registered against the appellant is without any factual foundation. The contents of the alleged suicide note do not in any way make out the offence against the appellant. The prosecution initiated against the appellant would only result in sheer harassment to the appellant without any fruitful result. In our opinion, the learned Single Judge seriously erred in holding that the First Information Report against the appellant disclosed the elements of a cognizable offence. There was absolutely no ground to proceed against the appellant herein. We find that this is a fit case where the extraordinary power under Section 482 of the Code of Criminal Procedure is to be invoked. We quash the criminal proceedings initiated against the appellant and accordingly allow the appeal.
Supreme Court of India
Honourable Judges Dr. Chandrachud, B.V. Nagarathna
Date of Judgment: 29 Oct 2021
Segment Number (Approximate Page Number): 14
In paragraph 37 of the impugned judgment, the Single Judge observed: “37. It is not the case of the deceased that the accused had deprived him of his wealth or have committed acts that have shattered his hopes in life or separated him from his family and friends.” The Single Judge then makes the following observation in paragraphs 41 and 43: “41. [..] It is not the case of the prosecution that the deceased was running away from or escaping the petitioner or his henchmen, but as is his habit, to visit his parents and to spend time with his friends. If the deceased had really felt threatened, he would have definitely approached the police. It is not that he was naive or not worldly-wise. If his employment with the petitioner was true, then the Police Commissionerate was only a stone's throw away. It is not that the deceased was a weakling. The deceased by profession, is a driver. A profession where, accidents causing loss of life and limb are a daily occurrence and every driver is aware that he could be involved in an accident at any time. 43. His act of attending a relatives marriage in a different town and his interacting with friends and relatives are all actions of a normal person and not of a person under severe duress. The contention that this criminal case would jeopardize his career progression also cannot be brushed aside. It is also not forthcoming as to how he sourced the poison.” 29 The Single Judge has termed a person who decided to commit suicide a ‘weakling’ and has also made observations on how the behavior of the deceased before he committed suicide was not that of a person who is depressed and suffering from mental health issues. Behavioural scientists have initiated the discourse on the heterogeneity of every individual and have challenged the traditional notion of ‘all humans behave alike’. Individual personality differences manifest as a variation in the behavior of people. Therefore, how an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions. Thus, the observations describing the manner in which a depressed person ought to have behaved deeply diminishes the gravity of mental health issues. 30 The High Court by its order has prevented the completion of the investigation in the complaint registered as Crime No.565/2016 pending on the file of the IInd Additional Civil Judge (Junior Division) and JMFC Court, Maddur, Mandya District. The alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account of the role of the accused in the events which led to the deceased committing suicide.
Supreme Court of India
Honourable Judges K.S. Radhakrishnan, Dalveer Bhandari
Date of Judgment: 12 Aug 2010
Segment Number (Approximate Page Number): 2
Harminder Singh had admitted two things in the presence of M.D. Singh, HOD of the Law Department, i.e. (1) he had played a joke with me (2) Harminder Singh admitted that he had demanded money from me. Chhina Sahib, M.D. Singh, while dying, I will not speak untrue. I have not committed any theft. Real thief is Montu. He has falsely involved my name. Harminder Singh cannot prove this at any cost because he is totally wrong. On the other hand, he has admitted that he had sold this Reliance set to his friends and has falsely leveled this allegation against me. I request my uncle/aunt, mother/father to forgive me that I tried my best to fulfill their expected wishes but could not do the same because Harminder Singh has leveled false allegation against me. I want to say this thing again that I am innocent and request my mother/father that they may not make any complaint regarding my suicide. I will also say to Chhina Sahib even if they give justice and leave me but the people will have a suspicion about me. I am taking this step on account of my insult. Harminder Singh and his accomplices are responsible for my suicide or MD Singh who did not take into account my faith and without consulting me, has forwarded this case. Dated: 16.10.2003 Sd/- Saurav Mahajan I have not committed any theft and I am not involved with Montu and his accomplices are responsible of my this step. Till today, I have not spoken badly to any one but, however, if any mistake had been done by me to anybody, please forgive me. Sd/- Saurav Mahajan" 6. In the suicide note it is stated that he (Saurav Mahajan) did not commit the theft and he had committed suicide because he was falsely implicated in the theft case of a mobile phone. He further mentioned in the suicide note that Harminder Singh and his accomplices were responsible for this act. On the basis of the suicide note a FIR No.81 dated 17.10.2003 under section 306 of the IPC was registered at the Police Station, GRPS, Amritsar. In the said FIR, the suicide note of the deceased has been reproduced and on the basis of the same, Harminder Singh was implicated under section 306 IPC along with M.D. Singh. It is pertinent to mention that in the said FIR, the appellant, namely, S.S. Chheena, the Security Officer was not even named as an accused. 7. The complainant had approached the Punjab State Human Rights Commission, Chandigarh, but, the Commission had also refused to interfere in the investigation conducted in FIR No.81 dated 17.10.2003. 8. A report under section 173 of the Code of Criminal Procedure was submitted only against Harminder Singh. Pursuant to the presentation of the Challan, charges were framed against Harminder Singh @ Montu.
Supreme Court of India
Honourable Judges Swatanter Kumar, A.K. Patnaik
Date of Judgment: 13 Sep 2012
Segment Number (Approximate Page Number): 6
The issue for consideration is that, even if it is assumed at this stage, that the suicide note was written in the hand writing of the deceased and the statement of Amit Kapoor is believed to be true in its entirety would it be sufficient to charge the petitioner- accused with the offence of abetment of suicide by Komal Kapoor. In my view the answer is in the negative. The mere fact that the actions of the petitioner-accused, that is, forcible occupation of the portion of the house of the deceased, led her to take the extreme step of committing suicide would not bring his act within the definition of abetment as there is no material or evidence placed by the prosecution on record to show that he intended or had the necessary mens rea that the Komal Kapoor should take the extreme step of committing suicide. As long as there is absence of material and/or evidence on record to show that the abettor had intended to aid or encourage the commission of the principal offence, the accused cannot be charged with the offence of abetment and, therefore, in the present case, abetment to commit suicide. Nor I am persuaded by the submission that because the name of the petioner-accused appears in the suicide note it would be sufficient to charge him with an offence under Section 306 of the IPC. In this context see observation in Sanju @ Sanjay Singh Senger (supra) and Mahender Singh (supra). In both the cases not ony was the accused named in the suicide note but they were also cited as the reason for committing suicide by the deceased. The learned APP may perhaps be correct in his submission that the agreement to sell dated 30.06.2007 was executed by the petitioner- accused, only to grab the property of the deceased after a receipt had been executed by the deceased acknowledging that she had taken a loan from the petitioner-accused in the first instance in the sum of Rs.15 lacs and thereafter, another sum of Rs. 1 lac, but then, this aspect of the matter will get unravelled only after a full- fledged trial. I do not wish to comment any further on this aspect of the matter as it could impact both, the case of the prosecution as well as that of the defence, and perhaps wisely, therefore, even the learned counsel or the petitioner-accused has not assailed the charge framed under Section 448 of the IPC. XXX XXX XXX 12. For the aforementioned reasons, I am of the opinion that it is a fit case in which this Court should exercise its revisional and inherent powers to quash the charge framed against the petitioner accused under Section 306 of the IPC. The revision petition is thus partially allowed. The charge framed against the petitioner-accused under Section 306 of the IPC shall be dropped.
Relevant High Court Judgments
Year From: 1950, Year To: 2024
Year From: 1950, Year To: 2024
Allahabad High Court
Anand Singh And Others vs State Of U.P. And Others
Honourable Judges Pankaj Bhatia
Date of Judgment: 10 March 2021
Segment Number (Approximate Page Number): 9
It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide." 56. Madan Mohan Singh v. State of Gujarat was specifically a case which arose in the context of a petition under Section 482 of the CrPC where the High Court had dismissed the petition for quashing an FIR registered for offences under Sections 306 and 294(B) of the IPC. In that case, the FIR was registered on a complaint of the spouse of the deceased who was working as a driver with the accused. The driver had been rebuked by the employer and was later found to be dead on having committed suicide. A suicide note was relied upon in the FIR, the contents of which indicated that the driver had not been given a fixed vehicle unlike other drivers besides which he had other complaints including the deduction of 15 days' wages from his salary. The suicide note named the accused-appellant. In the decision of a two judge Bench of this Court, delivered by Justice V S Sirpurkar, the test laid down in Bhajan Lal (supra) was applied and the Court held: "10. We are convinced that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less under Section 306 IPC. We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to commit suicide. In such matters there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. 11. In spite of our best efforts and microscopic examination of the suicide note and the FIR, all that we find is that the suicide note is a rhetoric document in the nature of a departmental complaint. It also suggests some mental imbalance on the part of the deceased which he himself describes as depression. In the so-called suicide note, it cannot be said that the accused ever intended that the driver under him should commit suicide or should end his life and did anything in that behalf.
Punjab-Haryana High Court
Jai Lal vs Rajender And Ors
Date of Judgment: 24 November 2022
Segment Number (Approximate Page Number): 3
The accused never 3 of 12 CRA-S-1654-SB-2007 (O&M) - 4- urged, goaded or provoked the deceased to take the extreme step of ending his life and did not provide any aid to the deceased to commit suicide. The accused Mir Singh intended to receipt of the payment of his alleged loan extended to the deceased and for that he would have been the last person to think of the death of the deceased. The learned trial Court further held that there was no evidence on the file to show that the deceased was left with no other option but to commit suicide. Even the deceased committed suicide after one and a half month of the receipt of the legal notice and immediately prior to that, there was no evidence that he was under such depression to end his life. Even the writing Mark PC, stated to have recovered from the pocket of the shirt of the deceased, which was found hanging at the house, had not been proved. Even the prosecution could not prove that the writing Mark PC was recovered from the pocket of the shirt of the deceased and the said writing was in fact written by the deceased himself. It requires mention that State of Haryana had not filed any appeal before this Court, challenging the judgment of acquittal passed by the learned trial Court and the complainant had preferred the instant appeal challenging the judgment of acquittal arising out of a police case. The complainant preferred the instant appeal before this Court under Section 378 (4) of Cr.P.C. and even an application was filed by the complainant under Section 378(4) Cr.P.C. with a prayer to grant special leave to appeal as well. During the pendency of the appeal, Jai Lal, the complainant expired and vide order dated 27.10.2009, his legal representative was ordered to be impleaded as the appellant in the instant appeal. It also requires mention that the accused Mir Singh, respondent No.2 and Satinder, respondent No.4 also expired during the pendency of the appeal before this Court. 4 of 12 CRA-S-1654-SB-2007 (O&M) - 5- I have heard learned counsel for the parties and with their able assistance; I have gone through the entire record of the case.
Allahabad High Court
Chaudhary Chhatrapal Yadav vs State Of U.P. And Another
Honourable Judges Rajendra Kumar-Iv
Date of Judgment: 19 November 2022
Segment Number (Approximate Page Number): 4
On the basis of this written tehreer submitted by informant, an FIR bearing case crime no.65 of 2021 has been registered against the applicant and six others under Section 306 IPC in Police Station Kotwali Nagar Mahoba. Matter was investigated by police who submitted the charge sheet against the applicant and other persons in the alleged section. 8. Suicide note, as alleged to be written by deceased, on English translation would read as under:- "I, Mukesh Kumar Pathak, Chattrapal Chaudhary and his other companion Ravi, Vikram, Manish Chaubey, Anand Mohan Yadav took about Rs.60,00000/- (sixty lacs) from my son and assaulted him. On being complaint made by me, I was being continuously threatened to implicate under Section 376 IPC by them. Mahoba police, SP, CO colluded him. He was being threatened of life. He is committing suicide out of compulsion, responsibility thereof would be on Chattrapal and others. My children, wife to forgive me, I am leaving you in the middle. Salute to my both elder brothers and good bye to younger Ramesh. Sd/- Dt:13.02.2021 Time: 08:00 PM" 9. FIR Crime No.65 of 2021 of the present case, lodged by informant Rahul Pathak depicts that on 13.02.2021 at about 10:45 PM in the night, his father Mukesh Kumar Pathak committed suicide by shooting himself with his licency rifle due to threat and terror of applicant and his companion. It further speaks that on the same day in the evening at 05:00 PM, he (informant) and his father (deceased) were called in RRC Hotel situated at Gandhi Nagar, Mahoba where accused Chattrapal and his other companion threatened to see in future. After the death of his father Additional SP got a suicide note written by his father to which police took with him and photostat copy whereof is annexed with the tehreer. It has also been mentioned in the FIR that dying declaration of deceased clarifies that due inaction of police officers in respect of FIR dated 07.02.2021 against the accused persons and threat of killing and false implication in criminal cases by accused person, his father committed suicide. From the perusal of FIR itself reveals that Additional SP along-with other police officers reached on spot before registration of the case and got alleged suicide note. It is not clear from the record how the police officer got information of the incident and how they reached on spot.
Himachal Pradesh High Court
Anand Singh vs State Of Himachal Pradesh
Honourable Judges Sandeep Sharma
Date of Judgment: 4 May 2023
Segment Number (Approximate Page Number): 11
PW-6, Alok Kumar Misra, deposed that no pieces of cardboard /suicide note were found on the spot nor taken into possession in his presence. 29. Though there is no cogent and convincing evidence adduced on record by prosecution suggestive of the fact that deceased was being harassed mentally or physically by accused or his family prior to date of alleged incident, but even otherwise contents of suicide note if perused in entirety nowhere indicate abetment/instigation on the part of accused to drive the deceased to commit suicide. Though recovery of suicide note is doubtful as taken note above, but even otherwise, deceased while writing suicide note has nowhere raised finger at the conduct of accused, she simply stated that she had done this due to Anand and she was quitting. 30. Though, learned Additional Advocate General attempted to . argue that expression 'sab kuch' used by deceased in so called suicide note indicates abetment but this court is not persuaded to agree with Mr. Kahol, learned Additional Advocate General, for the reason that there is no evidence to connect suicide note, if any, written by deceased with actual incident of suicide. There is no direct evidence that suicide note, if any, was ever written by deceased before her having committed suicide, especially when recovery of the same never came to be effected from the room, rather from the fields outside the house of landlord. Though in the case at hand, prosecution charged accused for commission of offence under S.201 IPC but there is no evidence that he ever attempted to destroy the evidence. None of prosecution witnesses ever saw accused throwing suicide note out from the room. 31. Though mobile phone of deceased was recovered but there is nothing to suggest that data there from was retrieved. Similarly no record with regard to Call Detail Report indicative of the fact that prior to the alleged incident, there was any conversation inter se accused and deceased, was obtained.
Madhya Pradesh High Court
Purusottam Das Soni vs The State Of Madhya Pradesh
Honourable Judges Pranay Verma
Date of Judgment: 30 September 2022
Segment Number (Approximate Page Number): 1
1. They are heard. Perused the case diary /challan papers. 2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.681/2022 registered at Police Station Kanadia, District Indore (MP) for offence punishable under Sections 306 and 34 of the IPC. 3. The applicant is in custody since 18.09.2022. 4. As per the prosecution, on 02.03.2022 on receipt of marg intimation to the effect that the deceased has committed suicide by hanging himself, the investigation was commenced during the course of which a suicide note in the handwriting of the deceased was recovered from his flat in which he had stated that his middle son Ashish since his marriage had started consuming liquor and had been demanding money from him for the same. His wife Mohita also used to demand money for expenses and for purchasing a flat, as a result of which he had started remaining tensed. On 25.02.2022 Ankit Soni, brother of Mohita had come to the house and upon seeing Ashish had abused the deceased and had told him that he has spoiled their life and had got married his sister to a drunkard. He demanded a sum of Rs.50,00,000/- from him by way of damages threatening that else he would get entire Mirjapur over there. Ankit and Mohita abused the deceased filthily and threatened to send him to jail. As a result of the harassment being suffered by the deceased on account of his son being a drunkard and demanding money from him along with his wife Mohita, he committed suicide leaving behind the suicide note in which he has implicated the present applicant also as the person responsible for his death. 5. Learned counsel for the applicant submits that the applicant is innocent and has wrongly been implicated in the case merely on the basis that his name finds place in the suicide note left by the deceased. Even in the suicide note there is no allegation that the applicant ever instigated or abetted the deceased to commit suicide or that due to any of his acts the deceased had no other option but to commit suicide. There is no allegation against the applicant of having harassed the deceased in any manner at any point of time. It is hence submitted that since prima facie offence under Section 306 of the IPC is not made out against the applicant, who is the Samadhi of the deceased, he deserves to be enlarged on bail.
Delhi High Court
Jai Prakash Pandey vs Prabhawati & Ors.
Honourable Judges Ashutosh Kumar
Date of Judgment: 14 October 2015
Segment Number (Approximate Page Number): 3
The respondents also demanded a motorcycle and respondent No.1, according to the mother of the deceased, had once expressed that she would go and live with her son only when the deceased would die. 8. I have heard the arguments advanced on behalf of the parties and have perused the records. 9. The informant, in the first instance in his complaint has not attributed any specific role to the respondent Nos.1 & 2 and has expressed his anger over the deceased having been taken to the hospital before he and his family members arrived on the news of commission of suicide by her daughter. This statement indicates two things namely that (i) the deceased committed suicide while she was in her matrimonial home and that (ii) an attempt was made by her husband to put her to medication for saving her life. The fact that only the husband of the deceased was arrested on the same day is an evidence of the fact that the respondents were not available or present in the matrimonial home of the deceased when she committed suicide. 10. The police papers indicate that a suicide note was found in which the guilt has been saddled on no one and the deceased has expressed some other reason for ending her life. The handwriting of the deceased and the handwriting in the suicide note were found by the FSL to be of the same person. 11. In order to appreciate the contention of the petitioner, it is necessary to refer first to the provision of Section 304B of the Indian Penal Code. Section 304B of the IPC reads as hereunder:- "304B. Dowry death.-- (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation.--For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."
Madhya Pradesh High Court
Tinkal @ Sahil vs The State Of Madhya Pradesh
Honourable Judges Sujoy Paul
Date of Judgment: 4 August 2023
Segment Number (Approximate Page Number): 2
Reliance is placed on 2019 (1) M.P.L.J. (Cri.) 265 (Goutam Singh Kargliya and another vs. State of MP and Anr.), 2019(1) MPLJ (Cri.) 226 (Mayank Sharma and others vs. State of MP and Anr.), 2008(2) M.P.H.T. 160 (Babbi @ Jitendra and others vs. State of MP) and 2015(1) M.P.H.T. 75 (Vivek Kumar Jain and another vs. State of MP and another). In view of the aforesaid, the applicant may be enlarged on bail. The prayer is opposed by the learned Panel Lawyer. He provided the copy of suicide note to the Court for its perusal. Prima facie suicide note shows that the applicant gave loan to the deceased. Few more persons also gave loan to him. The deceased could not repay the loan and under the said circumstances, he committed suicide. In the case of Goutam Singh Kargliya (supra), the co-accused was married to the deceased victim. Although there were frequent quarrels, their overall relations were cordial. In a fit of rage and anger, she asked her husband to go and die. The Court opined that this alone would not amount to abetment of suicide because said words were not followed by any positive action on the part of accused to indicate that they had any intention behind saying that deceased should go and die. In the case of Mayank Sharma (supra), the applicants belong to an organization and demanded money back from the deceased. Deceased committed suicide. It was held that demanding money is not wrong on the part of applicants and no case is made out for attracting Section 306 of IPC. Similarly, in Babbi @ Jitendra (supra), this Court opined that âinstigateâ means to goad, urge forward, provoke, incite, urge or encourage for doing a particular act. The money was demanded by accused Babbi and since it was not returned, the borrower was assaulted by Babbi and other person. The deceased thereafter committed suicide by drowning himself in a well. The court opined that basic ingredient of 'instigation' is absent and hence, offence of 'abetment' could not be established. In Vivek Kumar Jain (supra), the allegation was that petitioners demanded money from deceased, who committed suicide leaving a suicide note. In the suicide note, deceased mentioned that petitioners were pressurizing him for repayment of money which deceased lost in playing a MCH match.
Madhya Pradesh High Court
Smt. Praveen Tiwari vs The State Of Madhya Pradesh
Date of Judgment: 28 February 2019
Segment Number (Approximate Page Number): 2
Therefore, no prima facie case is made out against the present applicant/petitioner for harassing, torturing and demanding money from the deceased. 5. Learned Government Advocate for the respondent No.1/State opposes the petition by submitting that the deceased committed suicide by consuming poisonous substance and a suicidal note of the deceased is available on record. Therefore, there is prima facie material available on record for abetment to commit suicide by the deceased. Therefore, he prays that petition be dismissed. 6. Heard both the parties and perused the record. 7. It is evident from the record that the petitioner/accused lodged the FIR against the deceased and other co-accused person, namely, J.K. Tyagi on 28.04.2017 at Police Station-Kamla Nagar, District-Bhopal in Crime No.0579/2017 wherein it is mentioned that the petitioner/accused was working as contingency paid employee in the Municipal Corporation Bhopal. On 28.04.2017, deceased and one co-accused J.K. Tyagi came to the house of the petitioner/accused and asked her that the house was allotted for poor persons under the Scheme of "Pradhan Mantri and Mukhya Mantri Awas Yojana" and she deposited the amount of Rs.35,000/- with them, but house was not allotted to her under the aforesaid scheme. Therefore, the petitioner/accused demanded to return back the amount which was paid by her to the deceased and co-accused J.K. Tyagi, but they refused to return the aforesaid money. Thereafter, she filed a complaint case under Section 420 of the IPC at Police Station- Kamla Nagar, District-Bhopal against the deceased and co-accused J.K. Tyagi. During investigation, the statements of the witnesses i.e. Kiran Verma (wife of the deceased), Abhinav Verma (son of the deceased), Vinay Verma, Sumit Sen, Ashok Sen, Rajesh Kumar, Ajad Ahmed and Sahnawaz Ahmed have been recorded by the police. It is evident from the statements of these witnesses that the deceased was employed at Nagar Nigam Bhopal and at the time of incident, he left the service of Nagar Nigam as well as left his house. After one and half month, he returned to his house then police officials came to his home and took the deceased and co-accused J.K.Tyagi in custody and they were sent to jail. Thereafter, deceased asked his family members that he was falsely implicated in this case by the present applicant and other co-accused persons.
Punjab-Haryana High Court
Harbhajan Sandhu vs State Of Punjab And Anr
Honourable Judges Jasjit Singh Bedi
Date of Judgment: 23 February 2022
Segment Number (Approximate Page Number): 14
From the allegations and from the record, it is not established that the petitioner-accused intended to push the deceased into such a position that he ultimately committed suicide. Issuance of the alleged threats three months prior to the suicide without any positive act of aiding or instigating would not by itself create an offence under Section 306 IPC. 15. It is true that in the earlier occurrence, the petitioner was driving the car, when his brother-in-law is said to have assaulted the deceased leading to the first FIR (Annexure P-1). However, the petitioner himself was never an accused in the said FIR and as such in the absence of any role 17 of 18 CRM-M-34495-2021 (O&M) -18- played by him as per the FIR itself, no action was taken against him by the concerned police. 16. Even, otherwise, merely being named in a suicide note would not by itself establish the guilt of an accused until the ingredients of an offence are made out. In the present case, taking the suicide note to be absolutely correct, the allegations therein do not constitute an offence for which the petitioner can be prosecuted. 17. Therefore, viewed from any angle, in the absence of any mens rea to instigate or goad the deceased to commit suicide and, further, in the absence of live link between the threats of February, 2019 vis-Ã -vis the occurrence of suicide, which took place in May, 2019, the prosecution case qua the petitioner cannot be sustained. 18. Keeping in view the above discussion and the law laid down by the Hon'ble Supreme Court and this Court, as mentioned hereinabove, FIR No.62 dated 16.05.2019 (Annexure P-2) registered under Sections 306 and 34 IPC, 1860, along with all the subsequent proceedings arising therefrom, including the report under Section 173(8) Cr.P.C. (Annexure P-7), are hereby quashed qua the petitioner. (JASJIT SINGH BEDI) JUDGE 23.02.2022 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 18 of 18
Gujarat High Court
Kiransinh Babarsinh Parmar vs State Of Gujarat
Honourable Judges A.G.Uraizee
Date of Judgment: 5 May 2021
Segment Number (Approximate Page Number): 7
13. It is trite that abetment is a mental process of instigating a person or intentionally aiding a person in doing of a thing. To constitute an offence of abetment, mens rea is a condition precedent. To put it in other words, there has to be a prima facie evidence to indicate that the accused person had intentionally with full knowledge of consequence of his act aided or induced a person to do or not to do a particular thing. Hence, without a positive act on the part of the accused to instigate or aid in committing suicide, the necessary requirement of section 107 cannot be said to have been fulfilled. As a consequence, a person cannot be held responsible for offence under section 306 of IPC. Moreover, there has to be nexus between the act of instigation and the ensuing suicide committed by the victim. 14. In the present case, undisputedly the last meeting had taken place on 30.7.2020 at a farmhouse between the applicant, the deceased and the original complainant amongst others and thereafter, the deceased had committed suicide after 38 days on 6.9.2020. Even in the suicide note, it is stated that there is a monetary dispute in respect of the land which was sold by the deceased. 15. It also prima facie appears from the FIR and connected material that neither any meeting took place between the deceased and the applicant and other accused persons nor the deceased was summoned by the police after 30.6.2020 till the deceased committed suicide. It thus prima facie appears that there was no proximate cause for the deceased to R/CR.MA/1425/2021 JUDGMENT commit suicide after 38 days of the last meeting on 30.7.2020. 16. The applicants were working as police constables with Rander Police Station at the time of the incident. A coordinate Bench of this court by order dated 28.4.2021 passed in Criminal Misc. Application No.3469 of 2021 has released PI Laxmansinh Bodana (A-1) on regular bail. Detailed reasons are assigned in that order. It is pertinent to note that the name of the said accused No.1 is mentioned in the suicide note, whereas the names of the present applicants do not find place in the suicide note. In my considered view, the role played by the present applicants and accused No.1 is similar and, therefore, the present applicants deserve to be enlarged on bail on the principle of parity.
Madhya Pradesh High Court
Smt. Praveen Tiwari vs The State Of Madhya Pradesh
Date of Judgment: 28 February 2019
Segment Number (Approximate Page Number): 8
There is no sufficient material to demonstrate that the petitioner was involved in instigating the deceased to commit suicide or have intention to instigate to commit suicide. After analyzing the provisions and facts of the case, this Court has found in the case that the deceased was in tension, discomfort and left his service and the petitioner demanded her money from the deceased but deceased had refused to give the aforesaid money and due to that the petitioner/accused lodged the FIR against the deceased and co-accused J.K.Tyagi. Thereafter, police has arrested the deceased and co-accused and they were sent to jail and after that, he has been released on bail, due to extreme conditions, he consumed poisonous substance leaving suicidal note. Occurrence of such type of incident would not fall under the purview of abetment for suicide. 14. In various other decisions such as in the case of Ashok Kumar Sawadiya v. State of M.P. [2001(I) MPWN 93]; Abdul Hanif v. State of M.P. [2002 (II) MPWN 12]; Kashiram v. State of M.P. [2006 (I) MPWN 106]; Prakashchand v. State of M.P. [2007 (I) MPWN 20}; Pramod Kumar and another v. State of M.P. [2007 (II) MPWN 26]; Devendra Singh v. State of M.P. [2007 (III) MPWN 95]; and Nirmal Jain and others v. State of M.P. [2008 (II) MPWN 66]. In all these decisions it is laid down that if the instigation for commission of suicide is not proved by the prosecution then certainly the charge under section 306 IPC cannot be framed. 15. It is a money lending dispute and the deceased did not give the money back to the petitioner, due to which the petitioner lodged the FIR against the deceased. As per the statement of deceased's wife and other witnesses, it is found that the deceased was in tension and discomfort because deceased had left his service and some dispute took place between the deceased and his wife. Due to that, the deceased consumed poisonous substance. Hence, no case for the offence punishable under Section 306 of the IPC is made out against the petitioners. 16. Thus, on perusal of the decision of the Hon'ble Apex Court relied on in various decisions of this Court and on perusal of the evidence available on record against the petitioner/accused, it is not proved by the prosecution that the petitioner/accused had ever instigated the deceased for commission of suicide. Consequently, the petition is allowed.
Punjab-Haryana High Court
Harbhajan Sandhu vs State Of Punjab And Anr
Honourable Judges Jasjit Singh Bedi
Date of Judgment: 23 February 2022
Segment Number (Approximate Page Number): 3
As per the impugned FIR, got registered by 3 of 18 CRM-M-34495-2021 (O&M) -4- respondent No.2-Jaswinder Lal father of Manjit Lal @ Lucky (deceased), due to the harassment meted out by the petitioner, his brother-in-law Baljinder Kumar @ Bindri, his driver Jagjit @ Jeeta and three persons namely, Ashok @ Shoka, Sonu and Monu sons of Dalwinder Lal, the deceased had committed suicide by hanging himself. 4. Pursuant to the registration of the FIR, a suicide note was recovered, which had been referred to in the FIR. This note is in the nature of a complaint to the S.H.O. The said suicide note attached to the petition as (Annexure P-3) is reproduced herein below:- "To SHO Jalandhar. Requested that I Manjit Lal s/o Jaswinder Lal is the resident of House No.B-9-591, Mohalla Santokhpura. On dated 18.2.2019, at 9.00 PM, I was coming after purchasing milk and when I reached in front of Gurudwara Ravidass, then the accomplices of Harbhajan Sandhu attacked me and I was grievously injured in this attack. About 8-9 youths gave very harsh beatings to me including Harbhajan Sandhu's brother in law Bindri, his driver Jagjit Singh alias Jeeta, son of Jaswinder Lal, Monu s/o Dalwinder Lal, Sonu son of Dalwinder Lal and other 3 unidentified youths. I was admitted at Civil Hospital for 25 days. In my MLR doctors declared that the bone of my nose has been fractured and my two ribs are fractured. My MLR was sent to police station and the police apprehended only 3 youths and released them afterwards and did not apprehend any other youth/accused. We are very poor and police did not help us. I am fed up of my injuries and now I cannot tolerate the pain anymore and I am about to commit suicide. My mother, 4 of 18 CRM-M-34495-2021 (O&M) -5- father and my sister have gone to work. My family members are not aware of this. After my death, strict legal action be taken against the accused Harbhajan Sandhu is the main accused and he went to Civil Hospital and also threatened to kill my family. This whole gang is of Harbhajan Sandhu. Prior to this also, he fought in the locality 4-5 times."
Gujarat High Court
Dipak Jayram Viras vs State Of Gujarat
Date of Judgment: 16 June 2023
Segment Number (Approximate Page Number): 7
In such matters there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way R/CR.MA/31225/2016 JUDGMENT DATED: 16/06/2023 aided any act or illegal omission to bring about the suicide. 11.In spite of our best efforts and microscopic examination of the suicide note and the FIR, all that we find is that the suicide note is a rhetoric document in the nature of a departmental complaint. It also suggests some mental imbalance on the part of the deceased which he himself describes as depression. In the so-called suicide note, it cannot be said that the accused ever intended that the driver under him should commit suicide or should end his life and did anything in that behalf. Even if it is accepted that the accused changed the duty of the driver or that the accused asked him not to take the keys of the car and to keep the keys of the car in the office itself, it does not mean that the accused intended or knew that the driver should commit suicide because of this." 53. Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed: PART I 38. R/CR.MA/31225/2016 JUDGMENT DATED: 16/06/2023 "12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note." The Court noted that the suicide note expressed a state of anguish of the deceased and "cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide." Reversing the judgment of the High Court, the petition under Section 482 was allowed and the FIR was quashed."
Delhi High Court
Smt. Sunita & Anr. vs State & Ors.
Honourable Judges Siddharth Mridul, Sangita Dhingra Sehgal
Date of Judgment: 17 January 2019
Segment Number (Approximate Page Number): 9
Moreover, in the month of April, PW-1 and PW-2 accompanied the deceased along with her husband to Haridwar with family which gives an impression of cordial relations between the parties. 20. Dr. B.N. Mishra, Medical Officer-cum-Medico Legal Expert in Criminologist, Department of Forensic Medicine, DDU Hospital, Delhi who conducted the post mortem on the body of the deceased, was examined as PW-10, who deposed that the cause of death was due to asphyxia as a result of ligature hanging and the death was a suicide. No external injuries or internal injuries were opined by the examining doctor and the death was declared as a suicidal death. Relevant portion of the statement of PW-10 is as under:- "On examination of the body, I had observed the ligature marks on the neck of the deceased associated with internal findings and same was consistent for suicidal hanging. After completion of post-mortem examination, I had opined that cause of death was due to asphyxia as a result of ligature hanging. The manner of death was suicide." 21. The medical record of the deceased also does not suggest that the deceased was subjected to physical cruelty and torture soon before death. The testimonies of PW-1 (father of the deceased) and PW-2 (mother of the deceased) wherein they claimed physical beatings and Smt. Sunita & Anr Vs. State & Ors. torture on their deceased daughter by the respondents also got negated by the report of the medical experts. 22. Ms. Mallika Parmar, learned counsel for the Appellant laboured hard on the suicide note left by the deceased, to prove cruelty and harassment on the deceased at the hands of the accused persons. In this context, we deem it appropriate to reproduce the suicide note left behind by the deceased, Anjali, which reads as under: "I am going to commit suicide. I am not happy with my marriage. Im being given more mental stress here what I cannot bear, from the last 10 months I have been suffered from this mental stress. Behind this is my mother-in-law, father-in-law, my sister-in-law. I do not want to live anymore. They have killed me from inside. I very much love my mother, father, brother, sister and the entire family. You all please forgive me. I did not see any way other than this, so I forced to take this step."
Delhi High Court
Sudhakar Singh vs State
Honourable Judges Sanjiv Khanna, G.P. Mittal
Date of Judgment: 18 July 2014
Segment Number (Approximate Page Number): 7
IO recorded statement of Om Prakash (PW-5), who had come on the spot. It is apparent that after the suicide note was recovered and the diary was noticed, the diary and suicide note were kept on the table. DD No. 38B dated 19th December, 1989 was recorded at 3.47 P.M. whereas the crime team led with SI Devinder Singh (PW-16) had reached the spot earlier. Crime team report (Exhibit PW-16/A) mentions period of inspection as 4 to 5.15 P.M. and it is specifically recorded that the suicide note was lying beneath the pillow lying on the bed. It was in two pages and written in red ink and the diary from which the pages were torn was also found along with the pen refill used for writing the suicide note. It is, therefore, clear to us that the suicide note was written immediately before the death. The deceased had torn two pages from the diary and had written the said note in red ink, signifying blood and death. As noticed above, the deceased had died by hanging herself from a ceiling fan after standing on a stool, which was kept on the bed. It was a deliberate act. The suicide note, therefore, has been rightly treated and regarded as a "dying declaration" of the deceased. The handwriting of the deceased on the said note was identified by Om Prakash (PW-5), brother of the deceased. 14. In order to decide the controversy in question, i.e., whether the deceased was subjected to cruelty or harassment, we would like to reproduce the suicide note in verbatim. English translation of the note reads:- "I am leaving this world forever. My husband and "inhumane" mother-in-law are responsible for ruining my life. I want to live , but I am unable to live. Regards for maa, baba ji, brother and mami ji. Please forgive me, as your daughter-sundari can€Ÿt live because I cannot fulfil desires of these people. They do not want me to attend my brother€Ÿs marriage, but is it possible, no, never!" 15. The aforesaid note speaks for itself about the agonising pain and the suffering of the deceased-Sundari Devi which compelled her to take her life, though she wanted to live. She had blamed both her mother-in-law, appellant No. 2 (who has died) and her husband appellant No. 1 Sudhakar Singh. We have also examined the said note in original. The said note is written on two pages marked Exhibits PW-5/D and 5/E.
Bombay High Court
C B I vs K Dharampal (Abetted) And 10 Ors
Date of Judgment: 5 July 2018
Segment Number (Approximate Page Number): 156
Thank you, (illegible)" 411. In my considered opinion, even if these witnesses have disowned this 'Suicide Note' (Exhibit-214), may be because Accused No.2-Laxminarayanan and Accused No.3-Srinivasan are their superior officers, the contents of the 'Suicide Note' (Exhibit-214) clearly prove it to be a genuine 'Suicide Note'. There is no exaggeration or attributing of unnecessary guilt to the Accused. Whatever stated therein is consistent with his statement (Exhibit- 209) recorded by RBI Officers and even consistent with the statement of Accused No.2-Laxminarayanan that, due to pressure SPSC-6-1993.doc from the Management, he has committed the crime of cheating and fraud and he regrets for the same, to the extent of ending his life. 412. It is pertinent to note that, the fact that he has attempted to commit suicide is not disputed. The fact that some 'Suicide Note' was found with him is not disputed. Moreover, though it is contended that this 'Suicide Note' is fabricated by C.B.I., it becomes difficult to accept the same. If C.B.I. really wanted to fabricate it, C.B.I. would have directly involved Accused No.2-Laxminarayanan and Accused No.3-Srinivasan or for that matter, Accused No.1- Dharampal (Since Deceased) and other Accused also, as their involvement is already found reflected in his first statement (Exhibit-209) given before PW-16 Ganapathi and PW-17 Khatib. However, the 'Suicide Note' (Exhibit-214) is not involving them. The entire 'Suicide Note' (Exhibit-214) is on joint four full-scape papers. 413. Moreover, even if this 'Suicide Note' (Exhibit-214) is excluded from consideration, there is his confessional statement (Exhibit-214) recorded before the Metropolitan Magistrate, under Section 164 of the Code, on 18 th December 1992. It is a long statement, giving all the details of the business, the forgery and everything about which he has deposed in his evidence before the SPSC-6-1993.doc Court also. Here in this statement, he has involved Accused No.2- Laxminarayanan, may be for the first time, as regards the replicating of the Allotment Letters of NPTC Bonds and keeping them in his custody for using them in case of urgency for raising loans.
Madras High Court
Mala@Manimala vs State Rep By
Honourable Judges A.D.Jagadish Chandira
Date of Judgment: 2 March 2021
Segment Number (Approximate Page Number): 11
Radhakrishnan, J. rightly observed as under : (SCC p. 606, para 24) "24. We find it difficult to comprehend the reasoning of the High Court [Mangat Ram v. State of Haryana, Criminal Appeal No. 592-SB of 1997, decided on 27-5-2008 (P&H)] that "no prudent man is to commit suicide unless abetted to do so". A woman may attempt to commit suicide due to various reasons, such as, depression, financial difficulties, disappointment in love, tired of domestic worries, acute or chronic ailments and so on and need not be due to abetment. The reasoning of the High Court that no prudent man will commit suicide unless abetted to do so by someone else, is a perverse reasoning." 21. Looking at the material on record in this case in consonance with the judgments referred to above, the petitioner is a married lady with two children and that there was relationship between the petitioner and the deceased and later the petitioner was stated to have developed relationship with A2 and when it had been questioned by the victim/deceased, the petitioner had stated to have told him to severe the relationship and go with some one or go and die. The said quarrel/ conversation had happened on 04.05.2014 and the victim had committed suicide on 05.05.2014 at early hours at 2.00am. The words spoken are casual in nature which are often employed in the heat of the moment between quarrelling people and nothing serious was expected to follow thereafter and it also does not reflect the requisite mens rea. Further, the deceased who had enough time to contemplate and weigh the pros and cons of the act by which he ultimately ended his life. The Act of suicide cannot be said to be the direct result of the words uttered by the petitioner. The witnesses have stated that the victim was found to be in a depressed stage and he had been sensitive and that he had committed suicide on the next day by consuming poison. In this case, there is no material to show that the petitioner had mens rea and none of the witnesses spoken that the petitioner had guilty mind and in furtherance of the state of mind abetted the suicide of the deceased.
Himachal Pradesh High Court
Anand Singh vs State Of Himachal Pradesh
Honourable Judges Sandeep Sharma
Date of Judgment: 4 May 2023
Segment Number (Approximate Page Number): 4
9. Having carefully perused the statements made by prosecution . witnesses, especially PW-5 complainant /father of the deceased, this court finds force in the submission of learned counsel for the accused that there is nothing on record to suggest that the deceased was being harassed mentally and physically by the accused on the pretext of bringing less dowry or not taking up any job, rather, this witness himself deposed that his deceased daughter was in search of job. None of the prosecution witnesses relied upon by learned trial Court, while holding accused guilty of having committed offence punishable under S.306 and 201 IPC, ever deposed with regard to maltreatment, if any, meted out to the deceased by the accused. No doubt, police recovered suicide note, Exhibit PW-2/A but bare reading of same nowhere persuades this court to agree with Mr. Rajan Kahol, learned Additional Advocate General that on the date of alleged incident, accused drove deceased to commit suicide. In suicide note deceased has only written, "Ye sab Anand ke vajah se kiya hai, I am going to quit" 10. Though learned Additional Advocate General also attempted to argue that suicide note was attempted to be destroyed by the accused before arrival of police but there is no plausible and cogent evidence on record to prove aforesaid allegation. 11. Most important and material prosecution witnesses is PW-5 i.e. . complainant at whose behest FIR came to be lodged against accused. PW-5 i.e. father of deceased deposed that deceased had done degree of B Pharma from Bhopal. He deposed that she was working at Baddi in some company in 2008 and in February, 2008 maternal aunt and uncle of accused Manju Singh and Vijay Shankar, called him telephonically and proposed for marriage of deceased with accused. He deposed that after verifying background of accused, he agreed to the proposal and put condition that his daughter would be allowed to continue to work after marriage. It was assured that there will be no restriction from their side. He deposed that he visited house of accused and stayed for one night but came to know that said house was not of accused and he had furnished wrong information.
Madhya Pradesh High Court
Amjad vs The State Of Madhya Pradesh
Date of Judgment: 14 March 2018
Segment Number (Approximate Page Number): 6
247, the co-ordinate Bench of this Court in para 6 held as under: "6. Now, adverting to the facts of the instant case, the suicide note allegedly left by the deceased indicates that the deceased committed suicide being fed-up with his life. It also prima facie indicates that the applicant was threatening the deceased for last one month prior to the occurrence in order to recover his money lent to the deceased. It nowhere indicates that the applicant intended that deceased should commit suicide or instigated him to commit suicide. The consistent view of this Court as enunciated in various decisions cited above, has been that demand of money or loan does not amount to an abetment of commission of suicide." 8. The facts of the case are required to be considered in the light of the aforesaid legal position. As per prosecution, the applicant pressurized the deceased with regard to repayment of loan amount, therefore, deceased, feeling insulted, harassed and humiliated, committed suicide. The statement of the deceased-wife, mother, father and brother, did not indicate that at any point of time deceased was provoked, incited, goaded or persuaded by the present applicant to commit suicide. Therefore, even if all the allegations made against the applicant are accepted in their entirety, still they not make out a case u/s. 306 read with Section 107 of the IPC. 9. The learned trial Court while framing the charge has not considered the aforesaid factual and legal aspects of the matter and has mechanically framed the charge. Therefore, the charge u/s. 306 read with Section 107 of the IPC against the applicant cannot be sustained. 10. Accordingly, this petition deserves to be and is hereby allowed and the impugned order is hereby set aside and the charge with regard to offence u/s. 306 read with Section 107 of the IPC against the applicant-Amjad is hereby quashed. 11. Let a copy of this order be sent to the concerned trial Court for information and necessary compliance. Certified copy as per rules ( S.K. Awasthi ) Judge skt Date: 2018.03.20 18:46:39 +05'30'
Punjab-Haryana High Court
State Of Haryana vs Ravi And Another
Honourable Judges G.S.Sandhawalia
Date of Judgment: 12 October 2022
Segment Number (Approximate Page Number): 13
Arrest of a family member not only affects person detained but also entire family as well relatives. It tarnishes reputation which sometimes is not gained for next couple of years or generations to come. 23. In the case in hand, we find that during the cross-examination, it has come out that deceased was caught chatting with a boy and police has recorded statement of the said boy. The deceased was caught while chatting on 02.11.2018 and this fact was brought in the knowledge of Aarti (sister of the deceased) on the same day i.e. 02.11.2018. The deceased committed suicide in the night of 02.11.2018. Ravi was 10+2 pass and deceased was pursuing her masters degree in Commerce. The difference in qualification is stark and its effects in Indian society are well known. As per cross- examination, it appears that the boy with whom deceased was chatting was examined by police, however, there is nothing in impugned judgment as well record to indicate whether police had made thorough investigation with respect to chatting of deceased with a boy, informing of this fact by Ravi to his sister-in-law Aarti. During cross-examination of witnesses, it has also come on record that mother-in-law of the deceased was step-mother of Ravi (respondent) and she was staying in a village. Father of the respondent (Ravi) was working in CRPF and he was posted in J & K. There were no allegation against father-in-law and mother-in-law who was step-mother and staying in a separate house was arrested. There was no demand of dowry at the time of marriage. There is an allegation, in the form of cross- 18 of 19 CRM-A-180-2021 (O&M) -19- examination, that deceased prior to her marriage, 2-3 times attempted to commit suicide which indicated her attitude towards life and temptation to commit suicide. These facts needed to be examined by the investigator because the actual truth was not brought on record. Though respondents are acquitted, yet it would be injustice with them who have suffered without any fault. If life of a woman as daughter-in-law is important, it cannot be forgotten that mother-in-law is also a woman and she cannot be punished just because she is mother of an unfortunate son whose wife has committed suicide. Justice should not be only done but it must be seen to be done.
Punjab-Haryana High Court
Jobandeep Singh vs State Of Punjab And Another
Honourable Judges Suvir Sehgal
Date of Judgment: 23 February 2022
Segment Number (Approximate Page Number): 4
In Gaurav Vij's case (supra), besides the compromise between the parties, the High Court of Delhi scrutinized the suicide note which was recovered after the death of Prachi Vij, wherein, allegations had been levelled against the petitioner. The High Court formed the view that from the perusal of the suicide note, it can be presumed that the allegations are vague and general in nature and clearly show that the accused did not instigate the deceased at any point of time with an intention that she should commit suicide. The Court was of the view that offence under Section 306 IPC, is not made out. Supreme Court in Netai Datta's case (supra), after analyzing the suicide note came to the conclusion that there is no averment that the accused had caused any harm to the deceased or was in any way responsible for delay of payment of salary, rather the Court found that the deceased was dissatisfied with the working conditions and as there were no other allegations by the complainant against the accused of harassment, upheld the judgment of the learned Single Judge quashing the FIR in exercise of extra powers under Section 482 of the Code. In Ramesh Kumar's case (supra), the Supreme Court in an appeal against the judgment of conviction of the appellant under Sections 306 and 498-A IPC, after 6 of 13 CRM-M-38402 of 2021 {7} examining the evidence led before the Trial Court, was of the opinion that there is no material or evidence available on the record from where it could be inferred that the accused appellant has abetted the commission of suicide by the deceased. In S.Unnikrishnan Nair's case (supra), though the accused was specifically named in the suicide note, the Hon'ble Supreme Court found that the note does not state about any continuous act of harassment and upheld the decision of the High Court quashing the FIR and proceedings subsequent thereto holding that no prima facie case is made out against the accused. Apex Court distinguished its earlier judgment in Praveen Pradhan Vs. State of Uttaranchal and another 2012(4) RCR (Criminal ) 724 wherein, it has been held as under:- "In fact, from the above discussion it is apparent that instigation has to be gathered from the circumstances of a particular case. No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which force the person to commit suicide.
Madhya Pradesh High Court
Banesingh Rajput vs The State Of Madhya Pradesh
Date of Judgment: 28 March 2018
Segment Number (Approximate Page Number): 7
17. From the aforesaid pronouncements of the apex Court, it flows that to constitute abetment to commit suicide, there must be material, prima-facie, indicating that accused with a positive act on his part instigated, incited, aided or provoked the person to commit suicide. 18. In Devendra and others vs. State of Uttar Pradesh and another, (2009) 7 SCC 495, it has been held as under: "when the allegations made in the first information report or the evidences collected during investigation do not satisfy the ingredients of an offence, the superior courts would not encourage harassment of a person in a criminal court for nothing." 10. In the case of Devendra Singh Vs. State of M.P. 2007(3) M.P.H.T. 247, the co-ordinate Bench of this Court in para 6 held as under: "6. Now, adverting to the facts of the instant case, the suicide note allegedly left by the deceased indicates that the deceased committed suicide being fed-up with his life. It also prima facie indicates that the applicant was threatening the deceased for last one month prior to the occurrence in order to recover his money lent to the deceased. It nowhere indicates that the applicant intended that deceased should commit suicide or instigated him to commit suicide. The consistent view of this Court as enunciated in various decisions cited above, has been that demand of money or loan does not amount to an abetment of commission of suicide." 11. The facts of the case are required to be considered in the light of the aforesaid legal position. As per prosecution, that the agricultural land of the deceased-Bahadur Singh is adjacent to the agricultural land of applicant No.1-Banne Singh. In the intervening night of 23-24/06/2017, Banne Singh made a boundary of heaps of soil. On 24/06/2017, deceased- Bahadur Singh alongwith Prahlad Nai lodged a complaint against applicant No.1-Banne Singh at Police Station-Mandi alleging that because of heaps made on the boundaries by applicant No.1-Banne Singh, the water would accumulated in their fields and their agricultural produce would be spoiled. On 24/06/2017 at about 19:45 p.m., Bahadur Singh committed suicide by hanging himself in the house.
Bombay High Court
C B I vs K Dharampal (Abetted) And 10 Ors
Date of Judgment: 5 July 2018
Segment Number (Approximate Page Number): 153
402. According to his evidence, what was stated in the statement given to the RBI Officers' team was not the correct state of affairs. He had written in the said statement whatever was told to him by Accused No.2-Laxminarayanan. Hence, in the suicide note at 'Exhibit-214', he has mentioned the detailed facts. This suicide note was written by him while sitting in a car, which was parked in the SPSC-6-1993.doc compound of their Office, before consuming the sleeping pills. Thereafter, he became unconscious and was taken to the hospital, where he was admitted for three days. After the C.B.I. started investigation of the case, his statement was recorded, where he disclosed the true facts. Thereafter he was arrested by CBI, he applied for bail. After he was released on bail, he approached the RBI Officers and informed them that what was stated in the statement given to RBI Officers' team was not correct. It was stated as per the instructions of Accused No.2-Laxminarayanan and now he wanted to retract from that statement. He was, however, told to approach the Court. Accordingly, he approached the Metropolitan Magistrates Court at Mumbai, where his confessional statement, under Section 164 of the Code of Criminal Procedure, 1908, came to be recorded vide 'Exhibit-219', along with the letter addressed by him to the Chief Metropolitan Magistrate at 'Exhibit-218'. 403. In his cross-examination, he has further confirmed that the 'Suicide Note' was written by him in the Maruti Car on the back seat. At that time, he did not have the writing pad. However, the handwriting was uniform, except the end part viz. the fourth page of the 'Suicide Note', which was blurred, as at that time, he has already SPSC-6-1993.doc started loosing his consciousness. As a result, the last page, i.e. fourth page of the 'Suicide Note', was not clearly legible. His signature is on the third page. The fourth page is not signed by him. The last line of the 'Suicide Note' reads thus; "I will lead fresh life in the next birth. Please do not allow me to assist the RBI people." 404. It is further deposed by him that, he was not sure to whom the 'Suicide Note' should be addressed. Therefore, he did not address it to anybody. 405. In this 'Suicide Note' (Exhibit-214) dated 3 rd July 1992, PW-1 Ganesh has again reiterated that, he has not committed any crime of cheating or fraud.
Gujarat High Court
Pravinbhai Jivrambhai Deria vs State Of Gujarat
Honourable Judges Ilesh J. Vora
Date of Judgment: 23 May 2023
Segment Number (Approximate Page Number): 8
Thus, considering the factual aspects as discussed above and in light of legal proposition on the issue of "abetment of suicide", this Court is of considered opinion that a casual remark that is likely to cause harassment in ordinary course of thing, made against the applicants would not fall within the term "instigation". Thus, the contents of the suicide note and the statement of the deceased, prima facie does not anyway disclosed any incriminating information in the nature of instigation, provocation, compelling the deceased to commit suicide. If we read the entire chargesheet case papers, this Court does not find live R/CR.MA/11161/2016 JUDGMENT DATED: 23/05/2023 link or proximity link between the act of accused and act of committing suicide as nothing specifically disclosed by the deceased that how much amount the accused have lent him or how and on which date, they threatened him and restrained him in doing his business of rickshaw driving. In such circumstances, what role they had played in the act of instigation and how they aided the deceased to commit suicide, having not been established. 17. The contention of the first informant that the facts disclosed in the suicide note and material collected during the course of investigation would suggest that deceased had no option and was frustrated by the continuous act of instigation allegedly done by the accused and therefore, prima facie the offence under Section 306 is made out against the accused and in support of his submission, reliance has been placed on the decision of the Apex Court in Pravin Pradhan (supra). This Court is of considered view that the suicide note referred in the case of Pravin Pradhan (supra) and considering the peculiar facts of the cited case, the Apex Court was of the view that the prima facie case is made out against the accused. The facts of the present case are totally on different footing and the facts of suicide note are also totally different to the case of Pravin Pradhan (supra). Thus, cited case is distinguisable on factual aspects and the same is not R/CR.MA/11161/2016 JUDGMENT DATED: 23/05/2023 applicable to the facts of the present case.
Karnataka High Court
Sri G K Praveen Kumar vs State Of Karnataka By
Honourable Judges B. Veerappa
Date of Judgment: 19 June 2020
Segment Number (Approximate Page Number): 10
He further admitted in the cross- examination that after return back from Africa and while he working at Hyderabad, the deceased got married and they have incurred marriage expenses and given 176 grams gold and assured that again he will go to Africa and after his return, he will fulfill the demand of remaining 8 sovereign gold and cost of motor cycle. He further deposed that in view of constant harassment by the accused, his daughter committed suicide. 27. PW.3 - Subramani who is the inquest witness to mahazar - Ex.P5 conducted on the dead body of the deceased, has deposed that he went alongwith CW.4 - Sathya to the hospital on receiving message that the deceased committed suicide and stated that it is revealed that cause for committing suicide is balance of gold and cost of two wheeler, which is not given as per negotiations of the marriage. He denied the statement- EX.D1. He has stated before the Tahasildar that there was demand for gold jewelry as per Ex.D2 marked by defence. 28. PW.4 - Sathya who is the witness to the spot mahazar - Ex.P1 and seizure of MO.1 - sari of the deceased, has deposed that the parents of the deceased (PWs.1 and 2) had informed him that the deceased had committed suicide due to not fulfilling the demand of balance of jewelry and cost of the two wheeler. He further deposed that the place of suicide has been inspected by the Police and in presence of PW.1, the sari used in suicide has been seized and Ex.P1 - mahazar has been drawn and his signature has been obtained as per Ex.P1(a). He has denied the suggestion that the deceased was suffering from mental disorder and taking treatment even prior to the marriage. 29. PW.5 - Prema who is the grand-mother of the deceased has also deposed about marriage of the deceased and demand of dowry and stated that the deceased has received divorce notice from the accused and that is the cause for intolerable mental stress, which has driven her to commit suicide and the persistent and perpetrated harassment is also the cause for sacrifice of life by the deceased.
Allahabad High Court
Chaudhary Chhatrapal Yadav vs State Of U.P. And Another
Honourable Judges Rajendra Kumar-Iv
Date of Judgment: 19 November 2022
Segment Number (Approximate Page Number): 5
On one place informant Rahul Pathak stated in his statement under Section 161 Cr.P.C. that original copy of suicide note has got received to investigator at the time of statement, thus recovery of suicide note, as alleged to be written by deceased, himself is surrounded by high suspicion and according to suicide note itself, if there is any reason of suicide, it may be the negligence of Police Officer who have been given a clean chit in investigation. 10. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. There has to be a positive act on the part of the accused to instigate or aid in committing suicide. If there is no positive act on behalf of the accused to instigate or aid in committing suicide, offence under Section 306 cannot be said to be made out. In order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence. There should be an active act or direct act, which led the deceased to commit suicide. The overt act must be such a nature that the deceased must find himself having no option but to an end to his life. That act must have been intended to push the deceased into such a position that he commit suicide. In the suicide-note, only allegation is that deceased was threatened to see in future and he was being harassed by the applicant to which deceased could have complained to the authority concerned but it was not a ground to commit suicide. Without there being any intention to push the deceased to commit suicide, the offence under Section 306 IPC against the applicant cannot be said to be attracted. On a plain reading of the suicide-note itself reflects that there was no abetment on the part of the applicants for committing suicide by the deceased.
Karnataka High Court
H N Paramesh S/O Narayan Shetty vs State By Hassan Pension Mohalla Police
Honourable Judges K.Somashekar
Date of Judgment: 27 April 2018
Segment Number (Approximate Page Number): 4
Due to the harassment given by the accused, one month prior to committing suicide her child got aborted and she was taking treatment for the same. As such she had gone into depression due to the abortion, therefore, she committed suicide by hanging and the accused is not responsible for the alleged incident as narrated in the complaint Ex.P1. It is further contended that at no point of time the accused had demanded to bring additional dowry from her parents house and they had admitted in the evidence of PW.1, 7 and 8 that the deceased was residing in the house of her husband and led a happy marital life for a period of six months. The same has not been appreciated by the Trial Court in a proper perspective. The accused was not the cause for the death of the deceased who has committed suicide by hanging. Prior to her suicide, the deceased had stayed for one month in her parental house and after that she was forcibly sent to the house of the accused. The accused at no point of time had given any sort of harassment to the deceased. There was no independent witness examined for the prosecution in order to prove the guilt against the accused that he demanded dowry in terms of cash from her parents house through the deceased Ashwini. 7. P.W.1 has stated in his evidence that the marriage of the deceased was performed with this accused on 14.08.2005. During the marriage talk this accused as well as his parents also participated. As similarly on the part of the bride one Pandu Shetty, Keshava, Meena, Krishna shetty, Murthy were also present as the marriage talk was held in his house. The accused demanded dowry in terms of Rs.80,000/- in cash, 130 grams of gold jewellery apart from demanding one Hero Honda motor cycle. But in the marriage talk it was scaled down to Rs.40,000/- in terms of cash, 90 gms gold jewellery and one Super XL Motor cycle. During her marriage, the dowry in terms of Rs.40,000/- and the said Super XL motor cycle, 90 gms gold items had been provided. Subsequent to her marriage, deceased Ashwini had been to her marital house to lead her marital life. She led a happy marital life for a period of six months, but subsequently the accused were insisting her to bring additional dowry in terms of cash of Rs.50,000/- from her parental house and also used to abuse her.
Madhya Pradesh High Court
Sachin Soni vs The State Of Madhya Pradesh
Honourable Judges Sujoy Paul
Date of Judgment: 16 August 2023
Segment Number (Approximate Page Number): 2
No.22923 of 2023 which was decided on 8th June, 2023. This Court was kind enough in granting bail to Rahul Jat. By taking this Court to the suicide note (Annexure A-3) dated 10.04.2023, it is argued that the present applicant is similarly situated qua Rahul Jat who got the benefit of bail. Thus, the technical impediment of examination of seizure witnesses should not come in the way of present applicant. The prayer is opposed by learned Government counsel for the State and learned counsel for the objector. (Emphasis supplied) This Court in the case of Rahul Jat (supra) recorded as under: "I have heard the parties at length and the suicide note from the case diary. This Court in M.Cr.C. No. 22762 of 2021 (Rajesh Vs. State of M.P.) (Indore Bench) recorded as under:- Learned counsel for the applicant submits that as per prosecution story, deceased Nandkishore took loan from applicant and could not repay the same. It is alleged that deceased was being harassed by applicant and other persons from whom loan was taken and could not be repaid. Hence, applicant was arraigned as accused for allegedly committing offence under Section 306/34 of IPC. Learned counsel for the applicant submits that suicide note shows that the only allegation mentioned is that deceased had taken loan from various persons and those persons used to harass him. He submits that if the applicant asked the deceased to repay the loan and in turn, he committed suicide, by no stretch of imagination, it can be said that applicant was guilty of abettment. Reliance is placed on 2019 (1) M.P.L.J. (Cri.) 265 (Goutam Singh Kargliya and another vs. State of MP and Anr.), 2019(1) MPLJ (Cri.) 226 (Mayank Sharma and others vs. State of MP and Anr.), 2008(2) M.P.H.T. 160 (Babbi @ Jitendra and others vs. State of MP) and 2015(1) M.P.H.T. 75 (Vivek Kumar Jain and another vs. State of MP and another). In view of the aforesaid, the applicant may be enlarged on bail. The prayer is opposed by the learned Panel Lawyer. He provided the copy of suicide note to the Court for its perusal. Prima facie suicide note shows that the applicant gave loan to the deceased. Few more persons also gave loan to him. The deceased could not repay the loan and under the said circumstances, he committed suicide. In the case of Goutam Singh Kargliya (supra), the co-accused was married to the deceased victim.
Allahabad High Court
Chaudhary Chhatrapal Yadav vs State Of U.P. And Another
Honourable Judges Rajendra Kumar-Iv
Date of Judgment: 19 November 2022
Segment Number (Approximate Page Number): 2
He showed some papers as well as statements in support of his contention and relied upon the judgments as under :- i. Jalil Khan and others versus State of M.P., (2021 Law Suit (MP) 2021). ii. M. Mohan versus State Represented by the Deputy Superintendent of Police, (2011) 3 Supreme Court Cases 626. iii. Gurcharan Singh versus State of Punjab, (2017) 1 Supreme Court Cases 433. iv. M. Arjunan versus State Represented by its Inspector of Police, (2019) 3 Supreme Court Cases 315. 5. From the side of opposite parties, application under Section 482 Cr.P.C. has been opposed by alleging that accused-applicant is man of criminal antecedents, number of criminal cases have been registered against him. He operates a gang of criminals. Prior to the present incident, accused-applicant has demanded/ took some money from the son of victim/deceased who lodged an FIR against the applicant and some other persons under Section 386 IPC in police station concerned. When the police took no action, victim/deceased has decided to end his life and committed suicide by way of shooting himself with his licency rifle, which is alleged to be used in incident, was found on spot and suicide note allegedly written by victim himself was also recovered by the police from the spot. It is further stated that the Investigating Officer has collected credible evidence like suicide note, previous FIR and CCTV clip and statements of witnesses who have verified the prosecution versions. The Investigating Officer has rightly submitted charge sheet against the applicant and other accused persons and no illegality in the same. It was further alleged that accused-applicant is habitual offender having long criminal history of heinous crime like murder, dacoity, extortion etc. in order to take goonda tax. He started threatening to the brother of opposite party no.2 and took huge amount from him, when the victim/deceased came to know the fact of goonda tax taken by the accused-applicant, objected the same and lodged an FIR under Section 386 IPC bearing case Crime No.52 of 2021 but the local police did not take any action against such applicant, due to which victim/deceased reached the position to commit suicide. Investigating Officer rightly filed charge sheet under the alleged section.
Gujarat High Court
Dakshaben Rajeshbhai Gadhvi & vs State Of Gujarat &
Honourable Judges J.B.Pardiwala
Date of Judgment: 5 May 2017
Segment Number (Approximate Page Number): 18
The State owes an obligation to see that its subjects do not take the extreme step of committing suicide for any reason. In such circumstances, the State Government should also seriously consider evolving some action plan or strategies as referred to above." 11. The Supreme Court, in the case of M. Mohan vs. State Represented by the Deputy Superintendent of Police, AIR 2011 SC 1238, observed in paras-45 and 46, as under; "45. Abetment involved a mental process of instigating a person or intentionally aiding a person in doing of a thing. HC-NIC Page 19 of 35 Created On Thu Aug 17 02:38:27 IST 2017 Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. 46.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." 12. The learned APP as well as Mr.Dave placed strong reliance on the decision of the Supreme Court in the case of Chitresh Kumar Chopra v. State (Government of NCT of Delhi), (2009) 16 SCC 605 and complained that since the charge-sheet has been filed, whatever has been stated in the charge-sheet should be presumed as true. 13. I have gone through the decision relied upon by the learned APP in the case of Chitresh Kumar Chopra (supra). The facts of the said case were altogether different. Apart from the suicide note, which was left behind by the deceased, the statements were recorded by the police during the investigation of the different persons, showing that on account of business transactions with the accused, the deceased was put under tremendous pressure to do something which he was, perhaps, not willing to do. Having regard to the materials on record, the Supreme Court took the view that the conduct of the appellant and his accomplices was such that the deceased was left with no other option except to put an end to his life.
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