Decided on October 29,2013

State of Uttarakhand And Ors. Respondents


Umesh Chandra Dhyani, J. - (1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the chargesheet No. 355/2008 and summoning order dated 01.12.2008 passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 2146 of 2008 titled as State vs. Mahesh Yadav under Section 306 IPC. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court. An FIR was lodged by respondent No. 2 against the applicant on 07.04.2008 at R.O.P. ITI Kashipur, which was registered as case crime No. 178/2005 under Section 306 IPC. After the investigation, a chargesheet was filed against the accused -applicant for the selfsame offence. Cognizance was taken on the said chargesheet and accused applicant was summoned to face the trial for the aforesaid offence, vide order dated 01.12.2008. Aggrieved against the same, present application under Section 482 Cr.P.C. was preferred by the applicant.
(2.) A perusal of the first information report shows that Assistant Sub -Inspector Yaadram Singh (complainant) informed the police that he saw a dead body lying near Dronsagar and there was a suicide note lying with the dead person. In the suicide note, it was mentioned that someone was harassing the deceased. It was further mentioned in the suicide note that the deceased borrowed some money from a person and he failed to repay the same. It was further alleged in the suicide note that Mahesh Yadav (present applicant) was the person from whom he borrowed money.
(3.) IT is contended by learned counsel for the applicant that demanding money from a debtor cannot be said to be an abetment to commit suicide. It is also contended that even if the contents of the first information report are taken to be true, the ingredients of the offence punishable under Section 306 IPC are not made out against the accused -applicant. Reliance is placed upon a decision of the Hon'ble Apex Court in M. Mohan vs. State with Velmurugan and another vs. State, 2011 AIR SCW 1601, wherein the Hon'ble Apex Court observed as below: "45. 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. 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." ;

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