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TMI Blog2009 (8) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... ission of offence under Section 306 read with Section 34 of the Indian Penal Code, 1860 (for short the IPC ) arising out of FIR No. 329 of 2002 dated 4th July, 2002 registered at Police Station Mehrauli. 3. On 4th July, 2002, one Rahul Kaushik lodged the said First Information Report (FIR) with Police Station, Mehrauli stating that his father Jitendra Sharma (hereinafter referred to as the deceased ) had committed suicide on 3rd July, 2002 by shooting himself with his licensed revolver. It was alleged that the deceased was a partner with the appellant in this appeal along with two other persons viz., Jahuruddin and Mahavir Prasad and they were all engaged in the real estate business; he committed suicide on account of the problems created by these three persons; the deceased left behind a suicide note which mentioned that there were some money transactions between them and thus, these three persons had abetted the deceased to commit suicide. For the sake of ready reference, relevant portion of the suicide note is extracted below: The money of Shri Bansi Dhar and Shri Grewal is with Ram Pashre. The money of Shri Puri and Rajendra has been given to Ramjan, Mehrauli by Jahur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Being dissatisfied with the said order, the appellant (accused No. 1) is before us in this appeal. 7. We have heard learned Counsel for the parties. 8. Mr. Ranjit Kumar, learned senior counsel appearing on behalf of the appellant, submitted that even if the case of the prosecution is accepted on its face value, still on the basis of the material brought on record by the prosecution, offence under Section 306, IPC is not made out against the appellant. Referring to the undated suicide note (Annexure P-1) and the document recording some final settlement (Annexure P-3), learned senior counsel was at pains to explain that even assuming for the sake of argument, that there was some 'settlement' between the deceased, the appellant and the said Tegh Singh Chabbra, whereunder the deceased was allegedly forced to forego his share of profits in favour of the said Tegh Singh Chabbra, the settlement neither shows any instigation on the part of the appellant to the deceased to do something, nor any role of the appellant in any conspiracy which ultimately resulted in the commission of suicide by the deceased, and therefore, the appellant cannot be said to have abetted commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich defines abetment of a thing as follows: 107. Abetment of a thing A person abets the doing of a thing, who - First- Instigates any person to do that thing; or Secondly- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1- A person who by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 12. As per the Section, a person can be said to have abetted in doing a thing, if he, firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person to move more quickly and or in a particular direction, especially by pushing or forcing such person. Therefore, a person who instigates another has to goad or urge forward the latter with intention to provoke, incite or encourage the doing of an act by the latter. As observed in Ramesh Kumar's case (supra), where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option except to commit suicide, an instigation may be inferred. In other words, in order to prove that the accused abetted commission of suicide by a person, it has to be established that: (i) the accused kept on irritating or annoying the deceased by words, deeds or wilful omission or conduct which may even be a wilful silence until the deceased reacted or pushed or forced the deceased by his deeds, words or wilful omission or conduct to make the deceased move forward more quickly in a forward direction; and (ii) that the accused had the intention to provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above. Undoubtedly, presence of mens rea is the necessary concomitant of instigation. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is witness to say that Chopra would ruin the deceased if he did not give up his claim for 25% and did not agree to accept 10%. Witness Padam Bahadur has stated inter alia that he overheard Jahoor and Mahavir telling the deceased that Chopra had asked them to say that this was the last opportunity to sign the document and that if he wanted to live in the society he should sign the agreement or should die by taking poison. Soon thereafter the deceased committed suicide. Thus the evidence is not of a mere quarrel in which one person told the other go and die without actually suggesting that the opponent should commit suicide. In the present case the evidence collected by the investigation suggest that the deceased had been actually pushed to the wall and the escape by committing suicide was suggested by the accused persons. 18. In the light of the material on record, in our judgment, it cannot be said that the trial court was in error in drawing an inference that the appellant had instigated the deceased to commit suicide and, therefore, there was ground for presuming that the appellant has committed an offence punishable under Section 306 read with Section 34 IPC. It is tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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