P&H HC | Proof of direct or indirect acts of incitement to the commission of suicide required to prove abetment of suicide

Punjab and Haryana High Court: The Bench of Arvind Singh Sangwan, J. set aside an order framing charges under Sections 306 and 506 of the Indian Penal Code, 1860 against petitioner.

The facts of the case were that one Amandeep Singh committed suicide after two years of marriage with the petitioner’s daughter. Pursuant to the dispute between the two families, the deceased’s wife left her matrimonial home. Thereafter, the deceased left his house and told his sister on the phone that he was disturbed because of his wife and was going to take his life by jumping in a canal. Later, his car and other belongings along with a gift bag were found near the canal with a note stating “I love U Aman Best Wishes for ours next life. This is last gift for you by me. Muhha Putt love you.”

A First Information Report was registered by father of the deceased – Ranjit Singh – under Sections 306, 506 read with Section 34 of Penal Code, 1860 against the petitioner and his daughter – Amanpreet Kaur. After completion of the investigation, the trial Court passed an order framing charges under Sections 306 and 506 of IPC, against petitioners. Aggrieved thereby, the instant revision petition was filed.

Counsel for the petitioner submitted that there was no direct allegation of abetment against them. Further, the deceased’s suicide note did not suggest that he had leveled any allegations against the petitioners, rather, he had shown his affection towards his wife. It was further argued that nothing on record to show that the petitioners have ever abetted the deceased to commit suicide.

The Court, opined that before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine facts and circumstances of the case to find out whether the cruelty and harassment meted out to the victim had left him with no other alternative but to put an end to his life. The person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain actions to facilitate the commission of suicide. Reliance was placed on Apex Court’s dictum in Bhagwan Das v. Kartar Singh, (2007) 11 SCC 205 and Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC 628.

It was held that there was nothing on record to show that by way of willful conduct of the petitioners, the deceased was compelled to commit suicide. Allegations in the FIR, as well as the material collected during the investigation, did not prima facie constitute offence under Section 306 IPC as no material has come on record to support the allegations/charge against the petitioners. The alleged suicide note only reflected deceased’s love towards his wife and there was no indication of any harassment. Thus, the impugned order was set aside.[Balwinder Singh v. State of Punjab, 2019 SCC OnLine P&H 11, decided on 09-01-2019]

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