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TMI Blog2024 (8) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4,50,000/- and cash of Rs. 41,83,000/-. If the deceased is upset due to the decision of the Applicant, we cannot say that she has intentionally aided the deceased to commit suicide. A person may not like decision of another person. Ultimately whether to continue business or personal relation is choice of the parties. If other party may not like that decision and if he puts to an end to his life, it does not fall within the meaning of the intentionally aiding under Section 107 of the Indian Penal Code. The learned trial Judge has failed to consider the provision of Section 107 of the Indian Penal Code. Learned Judge has failed to consider the absence relationship in between acts alleged and the consequence - Merely on account of the dispute, it cannot be said that it can be abetment. This Court has taken this view after perusing the statements and panchnamas on one hand and considering the ingredients of the Section 306 read with Section 107 of the Indian Penal Code on the other hand. The Order dated 10/04/2015 passed by the Court of the Additional Sessions Judge, Greater Mumbai in Sessions Case No. 658 of 2014 is set aside - Applicant is discharged for an offence under Sections 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonal relationship, trial court observed :-- Further, though initially she maintained intimate relations with deceased Manish and promised him to marry with him broke the same by deciding to marry with witness Rishabh Tandon. So also the applicant/accused deceived the deceased Manish in his personal and professional life . 7. Trial court finds there is grave suspicion against the applicant and there is sufficient ground for proceeding against him (para no. 14).That is why present revisions. 8. On this background, I have heard learned Advocate Ms. Kantawala for the Applicant and learned APP. Initially, there was an issue about service of the notice on Respondent No. 2-first informant. Earlier it was submitted by Ms. Kantawala that he is not interested in prosecuting. However, due to the initiative taken by Ms. Phad notice was served on him at Calcutta. He appeared through video conferencing. On his request, learned secretary, Maharashtra State Legal Services Authority appointed learned Advocate Hingmire. I have heard first informant as well as his advocate. Scope of discharge application 9. It is true that at the time of framing of the charge, what should be consideration before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anish was frustrated. One of the Party could not sustain the pressure. Though Manish has decided to choose new path and accessed Shadi.Com, but he could not do progress. He not only separated from business relationship but he went to the extent of putting an end to his life. 14. When such a case, comes to Court of law, such promises, breach of promises in personal life-whether it will fall within the purview of abetment of suicide or not is to be answered on the basis of accepted principles. Abetment 15. The meaning of the word abetment is given in Section 107 of the Indian Penal Code. There are three kinds of abetment. They are as follows: a) Instigation b) conspiracy with one or more person c) Intentionally aiding to do a thing. 16. It is not the prosecution case that the Applicant instigated that is induced deceased to commit suicide. There are materials to suggest that the Applicant persuaded Manish to join her business. It is not the prosecution case that the Applicant has conspired with some other person. Only relevant clause is i ntentionally aiding an act of the suicide . Prosecution case 17. According to the prosecution, the Applicant and the deceased- Manish were knowing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f two mobiles of the Applicant at page no. 90. This digital evidence is sent for forensic analysis. d) There are reports showing the sending of certain messages. e) There is panchnama about seizure of the photographs produced by one Milind Tanna (He is friend of the deceased) showing the deceased and the Applicant together. About statements recorded by the police 22. The following are the statements : -- a. Of driver Kishankumar Ramayan Gaud b. Shashikant Navarathan Bokadia friend of deceased. c. Birendra Hemant Das, servant of the deceased. d. Akhil Chopra employee of Red Entertainment e. Leon Varel owner of the flat in Meadows Society where suicide was committed. f. Milind Tanna friend of the deceased. g. Sachidanand Dudvadkar, CCTV installer. h. Vishal Gelani, Meghna Bose, Shweta Srivastav employees of Red Entertainment Company i. Mansi Savant There are employees of the Company of the applicant. There are aware of the involvement of the deceased in the business run by the applicant. There are aware about close intimacy between the deceased and applicant. They are even aware about expanding the business of the Company after arrival of the deceased. Few of them have also quoted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased to Nanavati Hospital. Other statements 28. There is a statement of one Mansi Savant to whom the deceased has contacted from the Shaadi.com website and the deceased has expressed desire to go on with the proposal of the marriage. When both of them met on 17/02/2012, she has said about good mental health of the deceased. It indicates deceased Manish have decided to start a new life. Whereas the Applicant has decided to marry with one Rishabh Tandon. His statement is there on page no. 181. It is dated 21/09/2012. One can very well say that the applicant has enjoyed the company of the deceased in her personal and business life. Even she was pregnant but it was terminated. 29. On the point of the purchase of cyanide, there are certain statements. There are following witnesses : - Name of the witness Dated Page Nos. Jayesh Mehta 20/09/2012 179 Sushil Parekh 18/09/2012 175-176 Vishal Mehta 19/09/2012 177-178 Amit Vora 20/09/2012 180 Mehul Parikh 22/09/2012 183 Rajiv Shah 27/09/2012 184-187 30. Even though there was inquiry made by the deceased directly or indirectly from his email id [email protected] about purchase of the cyanide from them. They are never stated that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Court? Trial Court only considered these materials and when the question of considering the emails sent by the deceased to the Applicant has arisen, trial Court refused to deal with them. About emails 35. So question is why Applicant find it necessary to call servant Das? Learned Advocate Ms. Kantawala argued that her client received two chat messages on 20/02/2012 at 1.46.16 and at 1.46.28. This explanation also finds place in the complaint lodged by the first informant Navin Kumar to Deputy Commissioner of Police dated 29.02.2012. Applicant gave this explanation to the first informant. The messages read thus :- (i) You sent you the email in 20 minutes. (ii) Gn. Gd. Bye. They were recorded in forensic science laboratory report dated 01.11.2012 (page no. 100-116). According to her that is why her client has checked the email from the email account [email protected]. There was email dated 20.02.2012 at 2.08 a.m. (page no. 72). This email was sent from [email protected]. Even the first informant-Navin Kumar has expressed doubt about sending emails from [email protected] to email id [email protected]. In that email : -- a. the deceased has referred about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th these emails has raised doubt about genuinity of those e-mails, and he considered it triable issue. Merely because those emails are not supporting the allegations, we cannot overlook them. The accepted principle is documents collected during investigation has to be accepted as bonafide and true . 41. I have read all those emails. The deceased has not blamed the Applicant. In fact in the email sent at 3.24 p.m. on 18/02/2012, the deceased made request not to blame the Applicant for his action. 42. Learned advocate for the Applicant has relied upon the following judgments:- (i) Prabhu Vs. State Rep by Inspector of Police and Anr. (SC SLP Crl. Diary No. 39981 of 2022) (ii) Ku. Pooja Chopra and Ors. Vs. State of Chhattisgarh, Bilaspur 2023 SCC Online CHH 5411 (iii) Kewal Krishnakant Vishwakarma Vs. State of Chhattisgarh Manu/CG/0111/2019 (iv) Mangal Kashinath Dabhade and Anr. Vs. State of Maharashtra and Anr. High Court of Bombay Cri. Revn 285 of 2023 (v) Anagha Hitesh Arya Vs. State of Maharashtra 2018 SCC Online Bom 6124 (vi) Nisha Saket Vs. State of Madhya Pradesh and Anr. High Court of Madhya Pradesh at Jabalpur in Cr. Revn 3161 of 2022 43. It is true that in case of Prabhu (sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s instrumental in sending this email. The key was not handed over by the owner to anyone. In CCTV camera footage the Police have not seen any objectionable thing because no recording was stored. About cheating 51. It is true that additionally there is charge under Section 420 of the Indian Penal Code. The main offence is under Section 306 of the Indian Penal Code. If there is delivery of the property in pursuance to the cheating, it is punishable under Section 420 of the Indian Penal Code. There is an allegation that the Applicant induced the deceased to join her company. The deceased has given all his best for the progress of the Company. I do not think it will fall under Section 420 of the Indian Penal Code, because there is no delivery of the property. The first informant in his supplementary statement has stated about issuance of the cheque after the incident. Cheque is of Rs. 4,50,000/- and cash of Rs. 41,83,000/-. 52. During virtual hearing, he submitted that cheque is not deposited by him. According to learned Advocate Ms. Kantawala, the first informant is not class one heir and no one has issued notice to her client. I do not think that these allegations will fall within pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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