ARTI Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the impugned chargesheet dated 28.06.2008, submitted by the Investigating Officer in criminal case no. 2510 of 2008, under Section 306 of IPC, police station Srinagar, District Pauri Garhwal, pending in the court of Chief Judicial Magistrate, Pauri Garhwal.
(2.) An FIR was lodged by respondent no. 2 against the applicant in police station Srinagar (Garhwal) on 04.06.2008, in respect of offence punishable under Section 306 of IPC. After the investigation, chargesheet was submitted against the applicant. Cognizance was taken on the chargesheet and summons were issued to the applicant. Aggrieved against the same, the applicant preferred present application under Section 482 of Cr.P.C.
(3.) Whereas, the FIR was lodged on 04.06.2008, the incident allegedly took place on 25.05.2008 at 1400 hours. The younger sister (deceased) of respondent no. 2 committed suicide by jumping into Alaknanda River because the applicant blamed her that she has stolen her mobile phone. Even if the said accusation be conceded as true, there was no evidence collected during the investigation to show that the accused abetted the commission of such suicide.
The offence punishable under Section 306 of IPC will be made out only when it is evidenced that if any person commits suicide, somebody abets the commission of such suicide. Section 306 of IPC provides that whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine. The evidence relating to abetment to commit suicide is lacking in the instant case. There is no denying the fact that Asha committed suicide in the manner as was indicated in the FIR. It appears that the deceased was ultra sensitive. She could not assimilate the accusation of mobile theft against her and therefore, she committed suicide by jumping into Alaknanda River. Her father was present when she jumped into the river. Asha (deceased) did not say anything to her father, who had come to take her daughter back to home. The deceased told her father to kindly proceed and in the meantime, she (Asha) went towards the bridge and jumped into Alaknanda River. Although there was allegation against applicant Arti that she cast aspersions against Asha of committing theft of mobile phone, but there was no evidence to suggest that the applicant abetted deceased to commit suicide. At least some material should be there against the accused in order to prima facie satisfy the Court that she abetted the commission of suicide by deceased, which unfortunately, is missing in the instant case. If one is accused of committing theft and she jumps into the river, the same will not itself tantamount to 'abetment'.;
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