Full Judgment Text
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 293 OF 2013
Pramod Shriram Telgote,
aged about 49 years,
Occupation Service in ADCC
Bank, Akola as Senior Inspector,
R/o Ranpise Nagar, Akola, Tq.
and District Akola. ... APPLICANT
VERSUS
1. State of Maharashtra, through
its Police Station Officer,
Borgaon Manju, Police Station
Tq. and Distt. Akola.
2. Triveni Rupchand Sirsat,
aged about 43 years,
Occupation Household work,
R/o Apoti Khurd, Tq. and
Distt. Akola. ... NONAPPLICANTS
....
Shri Ayush Sharma, Advocate for the applicant.
Smt. M.H. Deshmukh, Additional Public Prosecutor for nonapplicant No.1.
None for nonapplicant No.2.
....
CORAM : P.N. DESHMUKH AND
M.G. GIRATKAR, JJ.
DATED : 04TH JULY, 2018.
ORAL JUDGMENT : (Per M.G. Giratkar, J.)
By way of present application, the applicant prays for quashing of
FIR lodged by nonapplicant No.2 and registered by nonapplicant No.1 for
the offence punishable under Section 306 read with Section 34 of the Indian
Penal Code.
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2. It is submitted that one Rupchand Sirsat, aged about 54 years was
working as a Group Secretary in KherdaMozari Cooperative Society. On
04.04.2013, Rupchand has committed suicide by consuming some poisonous
substance at village Ghota, Tq. Barshitakli, District Akola. He was in the
employment of society. The primary duty of Rupchand was of disbursement
of loan by the Cooperative Bank and to recover the same. He was in service
since last 20 years. He left one suicide note dated 21.02.2013 and made
allegations against the applicant and many other persons including MPs and
MLAs.
3. After the commission of suicide by Rupchand, his wife non
applicant No.2 lodged report with nonapplicant No.1. Along with report,
she had given suicide note left by her deceased husband. On the basis of
report and suicide note, Crime No. 51/2013 came to be registered for the
offence punishable under Section 306 read with Section 34 of the Indian
Penal Code by Police Station, Borgaon Manju, District Akola. It is submitted
that the applicant is nowhere concerned to abet the deceased for
commission of suicide. Therefore, prayed to quash Crime No. 51/2013
registered by nonapplicant No.1.
4. Heard Shri Ayush Sharma, learned Counsel appearing on behalf
of the applicant and Smt. M.H. Deshmukh, learned Additional Public
Prosecutor appearing on behalf of nonapplicant No.1/State. None appears
on behalf of nonapplicant No.2.
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5. From the perusal of report, it appears that nonapplicant No.2
made allegation that the applicant and others mentally harassed her
husband and, therefore, he has committed suicide on 04.04.2013. From the
perusal of suicide note, it appears that it was addressed to Police Station
Officer, Barshitakli. It is dated 21.02.2013. Thereafter, deceased applied for
leave on 27.02.2013 and 01.04.2013, and on 04.04.2013, he has committed
suicide. It appears from the leave applications, dated 27.02.2013 and
01.04.2013, his physical and mental condition was not good. He has written
in his suicide note that his son had committed suicide. Therefore, he was
mentally disturbed.
6. From the perusal of suicide note, it appears that applicant and
others cannot be said to be abetted the deceased to commit suicide.
Moreover, the suicide note is dated 21.02.2013. Deceased has committed
suicide on 04.04.2013. Deceased has committed suicide after two months
from the date of alleged suicide note. It appears from the contents of suicide
note that he made allegations against many persons including MPs and
MLAs.
7. If the report and suicide note taken as it is, then it is clear that
applicant or others cannot be said to be abetted the deceased to commit
suicide. He has stated in his report that, “one Mendhe and others obtained
loan from District Cooperative Bank, Akola. Mendhe was insisting him to
increase the number of cooperative societies. Because of the constant
pressure of workload, he could not give attention in his household work and,
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therefore, his son committed suicide.” It appears from the contents that the
deceased was mentally disturbed because of the death of his son.
8. This Court in the case of Dilip Ramrao Shirasao and others .v.
State of Maharashtra and another (Criminal Application No. 332 of 2016
th
decided on 05 August, 2016) , has observed as under :
“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
socalled suicide note.
28. Abetment involves a mental process of instigating
a person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the accused to instigate
or aid in committing suicide, conviction cannot be sustained.
The intention or the legislature and the ratio of the cases
decided by this Court is 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 that act must have been intended to push the deceased
into such a position that he committed suicide.
21. No doubt that the judiciary has lost one of its
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officers in any unfortunate incident. However, as held by the
Hon'ble Supreme Court, the response of a person to a
situation may differ from a person to person. A person, who
is sensitive, may be hurt if the things do not happen as per his
wish and may unfortunately commit an act, which leads to his
death. No doubt, our all sympathies are with the family of the
Judicial Officer, who lost his life in prime age. However, can
that be said to be sufficient to prosecute the other Judicial
Officers, for no fault of theirs. As already discussed
hereinabove, except applicant No.1, there is no even whisper
in the affidavit of the nonapplicant No.2 insofar as the other
applicants are concerned. Even the allegations against the
applicant No.1 are with regard to discharge of his official
duties. As pointed out hereinabove, it cannot also be a case of
harassment inasmuch as the deceased was the junior most
Judicial Officer in the cadre of Civil Judge Senior Division and
transferring him out of the District headquarters to another
place in the same district, cannot be said to be an act by the
applicant No.1 causing harassment to the deceased. If the
deceased had any grievance against his superiors, it was
always open for him to approach the learned Guardian Judge
of the District or Registry of this Court.”
9. From the contents of report, it appears that the deceased was
mentally disturbed due to the death of his son. He has made allegations
against the applicant and others two months before his suicide. Suicide Note
is dated 21.02.2013. Thereafter, deceased proceeded on leave on 27.02.2013.
Again he applied for leave on 01.04.2013. Letter issued by Barshitakli
Cooperative Society dated 22.02.2013 shows that charge of the post of
deceased was handed over to one Shinde. The reasons stated in the suicide
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note are not sufficient to constitute the offence punishable under Section 306
of the Indian Penal Code. The applicant and other persons named in the
suicide note cannot be said to be abetted the deceased to commit suicide.
From the face value of the report itself, offence punishable under Section 306
of the Indian Penal Code is not made out. Hence, in view of the judgment of
the Hon'ble Apex Court in the Case of State of Haryana and others .v.
Bhajanlal and others (reported in 1992 SCC (Cri) 426) , crime registered
against the applicant for the offence punishable under Section 306 of the
Indian Penal Code is liable to be quashed and set aside.
10. Hence, we are inclined to allow the application in terms of prayer
clause (A). We hereby quash and set aside FIR dated 06.04.2013 (Crime No.
51/2013) registered by PSO, Borgaon Manju, District Akola for the offence
punishable under Section 306 read with Section 34 of the Indian Penal Code.
Criminal Application stands disposed of accordingly.
JUDGE JUDGE
*rrg.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 293 OF 2013
Pramod Shriram Telgote,
aged about 49 years,
Occupation Service in ADCC
Bank, Akola as Senior Inspector,
R/o Ranpise Nagar, Akola, Tq.
and District Akola. ... APPLICANT
VERSUS
1. State of Maharashtra, through
its Police Station Officer,
Borgaon Manju, Police Station
Tq. and Distt. Akola.
2. Triveni Rupchand Sirsat,
aged about 43 years,
Occupation Household work,
R/o Apoti Khurd, Tq. and
Distt. Akola. ... NONAPPLICANTS
....
Shri Ayush Sharma, Advocate for the applicant.
Smt. M.H. Deshmukh, Additional Public Prosecutor for nonapplicant No.1.
None for nonapplicant No.2.
....
CORAM : P.N. DESHMUKH AND
M.G. GIRATKAR, JJ.
DATED : 04TH JULY, 2018.
ORAL JUDGMENT : (Per M.G. Giratkar, J.)
By way of present application, the applicant prays for quashing of
FIR lodged by nonapplicant No.2 and registered by nonapplicant No.1 for
the offence punishable under Section 306 read with Section 34 of the Indian
Penal Code.
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2. It is submitted that one Rupchand Sirsat, aged about 54 years was
working as a Group Secretary in KherdaMozari Cooperative Society. On
04.04.2013, Rupchand has committed suicide by consuming some poisonous
substance at village Ghota, Tq. Barshitakli, District Akola. He was in the
employment of society. The primary duty of Rupchand was of disbursement
of loan by the Cooperative Bank and to recover the same. He was in service
since last 20 years. He left one suicide note dated 21.02.2013 and made
allegations against the applicant and many other persons including MPs and
MLAs.
3. After the commission of suicide by Rupchand, his wife non
applicant No.2 lodged report with nonapplicant No.1. Along with report,
she had given suicide note left by her deceased husband. On the basis of
report and suicide note, Crime No. 51/2013 came to be registered for the
offence punishable under Section 306 read with Section 34 of the Indian
Penal Code by Police Station, Borgaon Manju, District Akola. It is submitted
that the applicant is nowhere concerned to abet the deceased for
commission of suicide. Therefore, prayed to quash Crime No. 51/2013
registered by nonapplicant No.1.
4. Heard Shri Ayush Sharma, learned Counsel appearing on behalf
of the applicant and Smt. M.H. Deshmukh, learned Additional Public
Prosecutor appearing on behalf of nonapplicant No.1/State. None appears
on behalf of nonapplicant No.2.
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5. From the perusal of report, it appears that nonapplicant No.2
made allegation that the applicant and others mentally harassed her
husband and, therefore, he has committed suicide on 04.04.2013. From the
perusal of suicide note, it appears that it was addressed to Police Station
Officer, Barshitakli. It is dated 21.02.2013. Thereafter, deceased applied for
leave on 27.02.2013 and 01.04.2013, and on 04.04.2013, he has committed
suicide. It appears from the leave applications, dated 27.02.2013 and
01.04.2013, his physical and mental condition was not good. He has written
in his suicide note that his son had committed suicide. Therefore, he was
mentally disturbed.
6. From the perusal of suicide note, it appears that applicant and
others cannot be said to be abetted the deceased to commit suicide.
Moreover, the suicide note is dated 21.02.2013. Deceased has committed
suicide on 04.04.2013. Deceased has committed suicide after two months
from the date of alleged suicide note. It appears from the contents of suicide
note that he made allegations against many persons including MPs and
MLAs.
7. If the report and suicide note taken as it is, then it is clear that
applicant or others cannot be said to be abetted the deceased to commit
suicide. He has stated in his report that, “one Mendhe and others obtained
loan from District Cooperative Bank, Akola. Mendhe was insisting him to
increase the number of cooperative societies. Because of the constant
pressure of workload, he could not give attention in his household work and,
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4 apl293.13
therefore, his son committed suicide.” It appears from the contents that the
deceased was mentally disturbed because of the death of his son.
8. This Court in the case of Dilip Ramrao Shirasao and others .v.
State of Maharashtra and another (Criminal Application No. 332 of 2016
th
decided on 05 August, 2016) , has observed as under :
“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
socalled suicide note.
28. Abetment involves a mental process of instigating
a person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the accused to instigate
or aid in committing suicide, conviction cannot be sustained.
The intention or the legislature and the ratio of the cases
decided by this Court is 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 that act must have been intended to push the deceased
into such a position that he committed suicide.
21. No doubt that the judiciary has lost one of its
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5 apl293.13
officers in any unfortunate incident. However, as held by the
Hon'ble Supreme Court, the response of a person to a
situation may differ from a person to person. A person, who
is sensitive, may be hurt if the things do not happen as per his
wish and may unfortunately commit an act, which leads to his
death. No doubt, our all sympathies are with the family of the
Judicial Officer, who lost his life in prime age. However, can
that be said to be sufficient to prosecute the other Judicial
Officers, for no fault of theirs. As already discussed
hereinabove, except applicant No.1, there is no even whisper
in the affidavit of the nonapplicant No.2 insofar as the other
applicants are concerned. Even the allegations against the
applicant No.1 are with regard to discharge of his official
duties. As pointed out hereinabove, it cannot also be a case of
harassment inasmuch as the deceased was the junior most
Judicial Officer in the cadre of Civil Judge Senior Division and
transferring him out of the District headquarters to another
place in the same district, cannot be said to be an act by the
applicant No.1 causing harassment to the deceased. If the
deceased had any grievance against his superiors, it was
always open for him to approach the learned Guardian Judge
of the District or Registry of this Court.”
9. From the contents of report, it appears that the deceased was
mentally disturbed due to the death of his son. He has made allegations
against the applicant and others two months before his suicide. Suicide Note
is dated 21.02.2013. Thereafter, deceased proceeded on leave on 27.02.2013.
Again he applied for leave on 01.04.2013. Letter issued by Barshitakli
Cooperative Society dated 22.02.2013 shows that charge of the post of
deceased was handed over to one Shinde. The reasons stated in the suicide
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note are not sufficient to constitute the offence punishable under Section 306
of the Indian Penal Code. The applicant and other persons named in the
suicide note cannot be said to be abetted the deceased to commit suicide.
From the face value of the report itself, offence punishable under Section 306
of the Indian Penal Code is not made out. Hence, in view of the judgment of
the Hon'ble Apex Court in the Case of State of Haryana and others .v.
Bhajanlal and others (reported in 1992 SCC (Cri) 426) , crime registered
against the applicant for the offence punishable under Section 306 of the
Indian Penal Code is liable to be quashed and set aside.
10. Hence, we are inclined to allow the application in terms of prayer
clause (A). We hereby quash and set aside FIR dated 06.04.2013 (Crime No.
51/2013) registered by PSO, Borgaon Manju, District Akola for the offence
punishable under Section 306 read with Section 34 of the Indian Penal Code.
Criminal Application stands disposed of accordingly.
JUDGE JUDGE
*rrg.
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