Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.306 r/w s.34 Abetment of suicide IPC When not |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.306 r/w s.34 – Abetment of suicide – When not – Victim, daughter of the de-facto complainant was painter and artist – To improve her proficiency in English, first respondent was appointed as her English teacher – Respondent nos.2 & 3 are parents of the first respondent – Intimacy developed between the victim and the first respondent – Allegation of the complainant that as the victim and first respondent had decided to marry, the victim had gone to the house of first respondent on 05.03.04 to finalise the proposal of marriage – Allegedly when she went to his house, respondent nos.2 & 3 came out and shouted, addressing the victim as call-girl – On 06.03.04, the victim committed suicide – Chargesheet filed against respondent nos.1-3 – Respondents filed application for discharge – Rejected – Thereafter, respondents filed application u/s.482, Cr.P.C. – High Court directed the respondents to raise all the points before the Trial Court – At the stage of framing of charges respondents raised objections claiming no case is made out against them to frame any charges – Additional District & Sessions Judge overruled the objections observing that as there is probability of accused being convicted, charges can be framed – High Court allowed the application filed by the respondents – On appeal, held: Respondents are sought to be proceeded for charges u/ss.306/34, mainly relying on the suicide letters written by the deceased girl and the statements recorded during the investigation –Even according to the case of the de-facto complainant, respondent nos.2 & 3, parents of the first respondent shouted at the deceased girl calling her a call-girl – Such material is not sufficient to proceed with the trial by framing charge of offence u/ss.306/34 – Instant case does not present any picture of abetment allegedly committed by respondents – Suicide committed by the victim cannot be said to be the result of any action on part of the respondents nor can it be said that commission of suicide by the victim was the only course open to her due to action of the respondents – There was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide – No merit in the appeal warranting interference with the well reasoned judgment of the High Court – Code of Criminal Procedure, 1973 – ss.401, 482. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2019 INSC 1164 |
Petitioner | State Of West Bengal |
Respondent | Indrajit Kundu & Ors. |
SCR | [2019] 13 S.C.R. 489 |
Judgement Date | 2019-10-18 |
Case Number | 2181 |
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