JOYMALYA BAGCHI,J. - (1.) Proceeding in SC 53(II)/2014 arising out of BGR Case No.517/2011 corresponding to Thakurpur Police Station Case No.44 of 2011 dated 07.01.2011 under Sections 306/34 of the Indian Penal Code pending before the learned Assistant Sessions Judge, 2nd Court, Alipore, 24 Parganas (South) has been assailed.
(2.) It appears that over the unfortunate death of a young boy namely Subrat.a Das, his mother, the opposite party no.2 herein, initiated a criminal proceeding being Thakurpukur PS Case No.340 dated 04.08.2009 under Sections 306/34 of the Indian Penal Code against some of the friends of deceased, namely, Mrinmoy, Rajasree, Suvadeep and Debraj. It was alleged in the said complaint that Subrata was a first year student of Kolkata Institute of Engineering & Management College. The de facto complainant had presented a costly mobile phone and a motor cycle to him for his personal use. His classmates used to harass him and dishonestly took away his mobile phone and he was constrained to inform the matter to the Officer -in -Charge, Regent Park Police Station. Suddenly on 30.05.2009 in between 9.30 a.m. and 10.30 a.m. he committed suicide by hanging himself from the ceiling. It was further alleged that day before the incident the victim had gone out to meet his friends and had come back in a disturbed frame of mind. Investigation in the instant case resulted in filing of a final report wherein prayer was made for discharge of the said accused persons. No naraji petition was filed. Final report was accepted. After a lapse of about two years, the impugned criminal proceeding was lodged by the opposite party no.2 alleging that the petitioners who are the matrimonial uncle and aunt of the victim had abetted the commission of suicide by the victim. Investigation in the instant case initially resulted in filing of a final report. On prayer of opposite party no.2, further investigation was directed. During such further investigation a diary was belatedly produced by the opposite party no.2 purportedly written by the victim wherein comments had been made as to the conduct of the petitioners which, according to the opposite party no.2, prompted the victim to commit suicide. Such diary was seized and the charge sheet was filed against the petitioners under Section 306 of the Indian Penal Code.
(3.) Learned Advocate appearing for the petitioners submitted that ingredients of the alleged offence relating to abetment of commission of suicide are not disclosed in the factual matrix of the case. Initially the opposite party no.2 raised her suspicion against the friends of the victim and after final report was filed she has presently trained her gun against the petitioners alleging that they are responsible for the suicide of her son. It is further submitted that the diary was produced after four years of the death of the victim and the same is a manufactured document. Even believing such document to be genuine, comments recorded therein by no stretch of imagination can implicate the petitioners in the commission of the alleged crime. He, accordingly, prayed for quashing of the proceeding.;