Case Title: Kuldeep Singh v. State of Punjab and another.
Decided on October 12.10.2023.
Case No. CRM-M-26290-2029 (O&M).
CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI.
Introduction
The present petition filed by the petitioner under Section 482 of Cr. P. C. to quash the case which has been filed under FIR No.35 dated 29.05.2016 U/S 306,34,120B and 420 IPC registered on Police Station, Government Railway Police, District Patiala. On observing the facts and circumstances of the present case the single-judge bench of Hon’ble Justice Mr. Jasjit Singh Bedi quashed the case upon the petitioner under the same FIR and held that only on the sole basis of deceased suicide note one cannot be held guilty of abetment to commencement of suicide U/S 306 and 107 of IPC Act, 1860.
Facts of the case
A criminal complaint bearing No. 1969/2013 was initiated at the instance of the co-accused Sharanjit Singh against the deceased Rajnish Kumar with respect to dishonoring the cheque bearing No. 871744 dated 01.10.2013. for an amount of Rs.90,000/-. The deceased came to be convicted. Jaskirat Singh filed a criminal complaint against the deceased for dishonor of the cheque amount of Rs.1,70,000/-. The deceased came to be convicted. The petitioner also filed a criminal complaint against the deceased for dishonoring the cheque, U/S 138 of the NI Act, and the deceased was convicted. The deceased made a suicide note in which he alleged that 18 people are responsible and abettor for his suicide, the petitioner is one of them.
Observations of the Court
The Hon’ble High Court on observing the facts and circumstances of the present case relied upon the judgments given by the Apex Court in relation to suicide by abetments such as Sanju @ Sanjay Singh Sengar v. State of Madhya-Pradesh (2002), Neta Dutta v. State of West Bengal, AIR (2005), S.S.Cheena v. Vijaya Kumar Mahajan and Another, (2010). Etc. The Hon’ble Court held that to invoke Section 107 of IPC there must be mens-rea for proving the abetment of suicide, which made punishable U/S 307 of IPC Act,1860. If nothing to prove that there was an intention of the accused to abet the deceased to suicide, he cannot be prosecuted for the offense of abetment of suicide. The matter of committing suicide by debtors is increasing day by day when it comes to returning the debt. Many people help their friends in difficult times by giving hand-loan or by selling goods and they are entitled to get back their money, and asking this is not entitled to abetment to suicide. The Hon’ble High Court also held that merely being named in suicide does not establish the guilt of the accused until the ingredients of the offense are made out. Also the deceased were facing many trials for not paying debt and was facing a financial crunch. Merely by initiating legal proceedings, it cannot be held that the petitioner abetted the deceased to commit suicide.
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Written by: Aamir Hussain.
