Tag Archives: #instigation

State Of Gujarat vs Hajuben W/O Hushenbhai Mamadbhai … on 2 May, 2023

R/CRIMINAL APPEAL NO. 1553 of 2016

BENCH: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

Facts

The complainant’s mother had sustained burn injuries and had been admitted in a hospital. It was alleged that she was going to the washroom, when their neighbour came out from her house and started combing her hair in front of the victim which caused an apprehension of fear in her head and she went back, took out a kerosene tin and burnt herself. Therefore, the complainant has filed a complaint of abetment of suicide as a result of mental harassment and ill treatment from the accused as it was alleged that the accused was harassing her for a very long time. He thereby lodged an FIR in question against the respondents under section 306 of IPC which deals with abetment of suicide

Upon such FIR being filed, an investigation started and the Investigating Officer recorded statements of the witnesses and produced certain documentary evidence and after completion of the investigation, Charge-sheet was filed against the accused for the offence in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the respondent – accused did not plead guilty, the court proceeded with the trial. The learned trial Judge acquitted the respondent – accused. Being aggrieved by the same, the State preferred the present appeal.

The additional public prosecutor appearing on behalf of the state contended that the trial judge had failed to appreciate the evidence on record in its true and proper perspective and thereby, had erred in recording the acquittal of the respondents

He submitted that the trial court was wrong in overlooking the dying declaration of the victim as in it was the opinion of the trial court that a person who had received 95 to 97% burn injuries over the body cannot give dying declaration for 42 minutes. As such due to this reason only, dying declaration cannot be ignored by the trial Court,

The learned advocate for the respondents accused submitted that the ingredients of the offence alleged against the accused are not proved by the prosecution beyond reasonable doubt and there were several contradictions and omissions in the evidence on record and therefore, the learned trial Judge had rightly acquitted the accused of the charges levelled against him.

Judgement

The Court held that there was nothing on record to show or suggest that the accused had instigated the deceased to commit suicide. Moreover, there was nothing on record capable of suggesting that the accused intended by such an act to instigate / abet to commit suicide.

In view of this, the Court held that the findings recorded by the trial court was relevant and hence dismissed the appeal.

JUDGEMENT REVIEWED BY AMIT ARAVIND

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Pravinbhai Jivrambhai Deria vs State Of Gujarat on 23 May, 2023

Bench: Honourable Justice Ilesh J. Vora

R/CRIMINAL MISC.APPLICATION NO. 11161 of 2016

Facts

In the instant case, the second respondent had filed a complaint on behalf of the deceased(his brother) who committed suicide at his village. The deceased was driving a rickshaw for his livelihood. He had borrowed Rs.6 lakh from accused Nos.1 to 10 and was paying unbearable amount of interest. The deceased, however could not repay the principal amount as well as the interest, as a result, he was under tremendous pressure and distress. Before he could commit suicide, he wrote a letter addressed to PSI, Gadh Police Station, mentioning therein the harassment meted out to him by the accused, on the issue of borrowed money. He mentioned that the accused did not extend the time to repay the money and threatened him to take away his rickshaw and did not allow him to do his business.

In this circumstance, the deceased Hasmukhbhai consumed poisonous substance and committed suicide. Being in critical condition, he was taken to Palanpur Civil Hospital where his statement in the form of dying declaration was recorded by the Executive Magistrate, Palanpur, wherein, he disclosed the facts of borrowed money allegedly taken from persons named in the statement. The investigating officer had also recorded the statement of the deceased on the same day under Section 161 of the Cr.P.C., wherein, the reasons for his suicide having been disclosed before the police and subsequently, he died at Civil Hospital. Under section 161, an investigating officer may orally examine any witness where such person is acquainted with the facts of the case.

The second respondent based on the input gathered by him at the hospital, lodged an FIR against 10 persons, including the applicants. After completion of investigation of the case, the IO filed a chargesheet against the accused for the aforesaid offences.

The applicants have instituted the case to quash the petition mainly on the ground that the charge against them under Section 306 of Indian Penal Code is not sustainable and the continuation of the proceedings against them is nothing, but a sheer abuse of process of law and Court.

The learned counsel appearing for the applicants contended that the FIR lacks the ingredients of section 306 of IPC(Abetment of suicide) as there is an absence of any sort of instigation or any positive move on the part of the applicants, causing the deceased to commit suicide

On the other hand, the counsel for the informant contended that since material evidence like the suicide note, dying declaration has been recovered, there is a prima facie case made out against the applicants.

Judgement

The honourable judge, after going through the facts and circumstances of the case held that the accusations of harassment and preventing the deceased in doing his business of rickshaw driving seem to be general in nature and vague. There are no specific allegations made against the applicants that they individually subjected mental harassment on the issue of finance advanced by them. In such circumstances, prima facie it appears that the deceased was in depression as he could not repay the handy loan obtained from various persons, as a result, he decided to end his life.

The contents of the suicide note and the statement of the deceased does not anyway disclose any incriminating information in the nature of instigation, provocation or compelling the deceased to commit suicide. Due to these reasons, the Court quashed the FIR against the applicants

JUDGEMENT REVIEWED BY AMIT ARAVIND

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