Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Abetment of suicide |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 306, 107 – Abetment of suicide – Allegations set out in the suicide note, if constitutes necessary ingredients of abetment to commit suicide – Suicide note by the victim-posted as Senior Clerk, that he was frustrated and bothered by the style of functioning of the appellant-District Saving Officer and of the Chief Development Officer and thus, was left with no option but to end his life, and was also bothered by the pressure of working in two districts – Criminal proceedings against the appellant for the offences punishable u/s. 306 and s. 3(2)(v) of the SC/ST Act – Application by the appellant u/s. 482 CrPC seeking quashing of proceedings – Rejected by the High Court – Justification: Held: Prosecution of the appellant for the offence u/s.3(2)(v) of the SC/ST Act is ex facie illegal and unwarranted since from the admitted allegations of the prosecution, the necessary ingredients of the offence u/s.3(2)(v) of the SC/ST Act are not made out – Prosecution case is entirely based on the suicide note left behind by the victim before committing suicide – On a minute perusal of the suicide note, the contents thereof do not indicate any act or omission on the part of the appellant which could make him responsible for abetment as defined u/s. 107 – Suicide note clearly shows that the deceased was frustrated on account of work pressure and was apprehensive of various random factors unconnected to his official duties – Necessary ingredients of the offence of abetment to commit suicide are not made out from the chargesheet – Thus, allowing prosecution of the appellant is grossly illegal for the offences punishable u/s.306 and s.3(2)(v) of the SC/ST Act tantamounts to gross abuse of process to law – Also, investigating agency itself proposed a closure report in the matter after conducting thorough investigation – Thus, the impugned order passed by the High Court and all proceedings sought to be taken against the appellant in the criminal case pending, quashed and set aside. [Paras 16, 18, 22-25] |
Judge | Honble Mr. Justice Sandeep Mehta |
Neutral Citation | 2024 INSC 172 |
Petitioner | Prabhat Kumar Mishra @ Prabhat Mishra |
Respondent | The State Of U.p. & Anr. |
SCR | [2024] 3 S.C.R. 157 |
Judgement Date | 2024-03-05 |
Case Number | 1397 |
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