Gulab Kaur vs State of Haryana

G.S. Chahal, J.

Smt. Gulab Kaur petitioner stands charged under section 306 of the Indian Penal Code in the Court of Additional Sessions Judge, Bhiwani. In the charge it is stated that Smt. Nirmala wife of Lokesh committed suicide by burning herself alongwith her minor daughter aged 3 years and she had abetted the commission of suicide by having constantly harassed her and levelling false allegation against her regarding her character.

Smt. Nirmala (deceased) was employed as a supervisor in the Anganwadi Department Govt. of Haryana, at Laharw. On 1386 Head of Department, Govt. of Haryana, at Loharu, on information about admission of Smt. Nirmala (deceased) in an injured condition in Civil Hospital, Loharu, visited the hospital and recorded her statement; The statement, when translated, reads as under :

"..She belongs to village Bhagan and for the last about 1 year, she along with her daughter aged 3 years, was working as Supervisor in Anganwadi Department. She was living in the house of Gajan and Mahajan on rent. On 25286, she along with her daughter after summer vacation came from her house. The same day there was a meeting of C.D.P.O. at Loharu. After the meeting, the C.D.P.O. asked her to supply the medicines to the Schools and she stated that she will come back after supply of the medicines in her area. She supplied the medicines in her area. One Smt. Vasudevi who was working in Anganwadi earlier, and was removed from the service, a report was to be given about her, how she was working now. She gave her report that she was working satisfactorily now. Then C.D.P.O. stated that when Vasudevi was checked, then in her class the strength of the children were very poor and you are giving her report satisfactory. Thereafter there was a meeting on 26289 at Nakaipur, about which she was not aware, therefore, she could not attend the meeting at Nakaipur and had gone to Gagarwas subcentre for checking. After this, C.D.P.O. Hemlata checked the centre of Vasudevi and told her that whether she was the Director, and she threatened that she could terminate their services. When she came back to her house, Vasudevi narrated the whole incidence mentioned, above and advised to leave the place. Thereafter she went to the office where Ompati worker and one person Ram Chander was sitting there. She told her clerk that she was not aware of the meeting held at Nakaipur. Upon this C.D.P.O. stated that the report submitted by her about Vasudevi along with other papers would be cent to the Director, and Director would understand the whole matter about your conspiracy. She stated that Madam there was no conspiracy in it. Madam C.D.P.O. stated that she was telling lie. She further told Madam that report will be submitted about Vasudevi according to her sweet will. In the evening she went to the residence of Madam. Madam told her that she was having such letters which show that she had accompanied G.M. Cooperative in a bus upto Rohtak. She went back to her house. Madam alleged that she had friendly relations with Vasudevi and in connivance with her husband, she wanted to do something wrong and undesirable. The next day, she took oneday leave and today she took all the facts mentioned above seriously and poured Kerosene oil and put her body on file. When she was in fire, her daughter caught hold of her who was burnt in the fire. Both removed to hospital upon which Banwari Lal, Head Constable investigated the matter."

A case under section 309 of the IPC was registered on the basis of this statement. After the death of Nirmala, and her daughter proceedings under section 174 of the Code of Criminal Procedure were carried out. On 2386, the SP issued direction for registration of the case under section 306 of the IPC and then this case was registered. Lokesh is the husband of the deceased. On 1386 he made a statement Annexure P5 wherein he stated that she had never complained to him against the Department of Anganwadi. To the same effect was the statement of Sukhbir Singh, fatherinlaw of the deceased. On 14486 further statement of Lokesh was recorded wherein he stated that the deceased had met him at village Bhagan on 25286, but had not made any complaint against Smt. Gulab Kaur CDPO, nor did she inform him of any quarrel. After her death, they had come to know that Smt. Nirmala had committed suicide due to misbehaviour of Smt. Gulab Kaur. On 25286 he had specifically inquired from Smt. Nirmala as to the cause of her sadness and whether she had any dispute with the said CDPO but she did not disclose any reason of her sadness.

Lokesh, at an earlier stage, had levelled no allegation against the employees of Anganwadi Department and in a subsequent statement, he has only relied upon some hearsay information that Smt. Nirmala had committed suicide due to misbehaviour of Smt. Gulab Kaur. This, however, is no legal evidence. The dying declaration does not state of any abetment on the part of Smt Gulab Kaur. Being a supervisory officer of the deceased, Smt Gulab Kaur had the right to make comments on her working and the simple fact that at one stage, when she had made remarks that in connivance with Vasudevi, Smt Nirmala had made some favourable report, wore not such remarks which would tempt Smt. Nirmala to commit suicide. To bring a charge of abetment of suicide, it has to be shown by some piece of evidence that the accused person is guilty of some act of commission or omission which may all the deceased person to commit suicide. That evidence is lacking. No criminal offence is made out. I hereby accept the criminal miscellaneous and quash the FIR, the chargesheet framed by the learned Additional Sessions Judge and all the subsequent proceedings.

This order also disposes of Cr. M. 861M of 1989.

JUDGMENT accordingly.