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Judgment
G.S. Solanki, J.—With the consent of the parties, the case is heard finally.
The applicant has preferred this Revision Petition under Section 397/401 of Code of Criminal Procedure being aggrieved by the order dated 11/11/2014 passed by Special Judge (SC/ST), Jabalpur, whereby charge under Section 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 has been framed against this applicant.
The facts, in short, giving rise to this petition are that on 15/6/2013 at about 02:15 PM, Virendra Choudhari (since deceased) had committed suicide. During investigation, it was found that the deceased left a suicidal note, wherein, it was specifically alleged against this applicant that applicant being President of Association of Daily Wages Employees made a false complaint against him in the police station and also to the college. Thereafter, Executing Committee of the college called the deceased and threatened him to terminate from the services. It is further alleged by the deceased that he was compelled to make a signature in blank paper and, therefore, he does not wish to live further and the applicant was responsible for his death.
On the basis of the aforesaid suicidal note, investigation was conducted; dead body of the deceased was sent to post mortem, wherein, it was found that the deceased committed suicide by hanging. After due investigation, the applicant has been charge sheeted before the Special Court, Jabalpur constituted under the provisions of SC/ST (Prevention of Atrocities) Act against this applicant. Special Judge has framed the charge under Section 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 by the impugned order. Being aggrieved by the same, this Revision petition has been filed by the applicant.
Learned counsel appearing for the applicant has submitted that the Special Court committed an illegality in framing the charge under Section 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989. It is further submitted that it is an admitted fact on record that the deceased was called by the Executive Committee of Govt. Adarsh Science College, Jabalpur, wherein, as many as 13 members of Executive Committee were present and matter was discussed. The deceased was warned to mend his conduct and if he fails to do so, he would be terminated from the services of the college. It is further submitted that the deceased himself filed an application before the Principal of the aforesaid college, wherein, he admitted his guilt and submitted that he will not repeat such an act in future. Thereafter, he committed suicide. It is further submitted that it is not a case where the deceased was compelled to commit suicide. In these circumstances, prima facie, no ingredient of Section 107 of Indian Penal Code was existed in this case. Therefore, prays for setting aside the impugned order.
Learned Govt. Advocate appearing on behalf of the State submitted that the deceased specifically made allegation against this applicant that the applicant being President of Association of Daily Wages Employees of the college made false report against the deceased and a false case has been put up before the Executive Committee of the college, whereby deceased scolded and threatened to score out from the services of the college, consequently he committed suicide. Therefore, prima facie, case under 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 is made out against the applicant.
I have perused the impugned order along with suicidal note left by deceased Virendra Choudhary and other materials on record. From a bare perusal of the suicidal note, it reveals that the deceased was called by the Executive Committee of the college and matter of his misconduct was discussed. He had been warned to mend his conduct and in future he fails to do so, he would be terminated from the services of the college. The deceased himself filed an application, wherein, he made regret in regard to his previous conduct. Writing and signature of suicidal note and the application are similar. In these circumstances, it cannot be said that the deceased was compelled to sign on the aforesaid application. It is further reveals from the suicidal note that the deceased was in depressed condition of mind and ultimately committed suicide, therefore, prima facie, there was no instigation on the part of this applicant. The deceased was hypersensitive and if he committed suicide in depressed condition of mind, the same would not amount to abetment by this applicant.
The Apex Court in Gangula Mohan Reddy Vs. State of Andhra Pradesh, AIR 2010 SC 327 : (2010) CLT 876 : (2010) CriLJ 2110 : (2010) 1 JT 17 : (2010) 1 SCALE 1 : (2010) 1 SCC 750 : (2010) 1 SCR 7 : (2010) 1 UJ 142 : (2011) AIRSCW 1435 : (2010) AIRSCW 6188 : (2011) AIRSCW 12 : (2010) AIRSCW 337 : (2010) 7 Supreme 1003 : (2010) 7 Supreme 681 : (2009) 8 Supreme 550 observed that the deceased was undoubtedly hypersensitive to ordinary petulance, discord and differences which happen in our day-to-day life. Human sensitivity of each individual differs from the other. Different people behave differently in the same situation. Apex Court further observed that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
In these circumstances, prima facie no case under Section 306 of IPC is made out against the applicant. It further reveals from the record that no such instigation or abetment by the applicant knowing that the deceased was belonging to Scheduled Tribe community. In these circumstances, prima facie, no case under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 is made out against the applicant.
Considering the aforesaid facts and circumstances, I am of the view that the Special Court has committed an illegality in passing the impugned order and framing charge under Section 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 against the applicant and the same is liable to be set aside.
Consequently, the revision petition is allowed. The impugned order is set aside. The applicant is discharged from the charge under Section 306 of Indian Penal Code read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 framed in Special Case No. 43/2014. His bail bond stand discharged.
A copy of this order be sent to learned Special Judge for information and necessary action.