IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Crl.MC.No. 3846 of 2009() ------------------------- CMP.697/2009 of SESSIONS COURT, MANJERI .................... PETITIONER(S)/ACCUSED NOS. 1 TO 3 :- -------------------------------------------------------- 1. V.VIJAYAKUMARAN NAIR, AGED 58 YEARS, S/O.VASUDEVAN NAIR, HOUSE NO.19/1878, P.V.SWAMY ROAD CHALAPPURAM, KOZHIKODE. 2. HARIDAS.P.T, AGED 60 YEARS, S/O.LATE KUNHUNNI NAMBIAR,"DWARAKA", DUTT COMPOUND, MANKAVE.P.O, CALICUT DISTRICT. 3. MEERA, AGED 21 YEARS, D/O.HARIDAS.P.T, "DWARAKA", DUTT COMPOUND, MANKAVE.P.O, CALICUT DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S)/COMPLAINANT/STATE :- ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2. NASNA, D/O.MOIDHEENKUTTY, THODACHITTU HOUSE, PERUVALLOOR P.O., MULLAPPALLY, KONDOTTY, MALAPPURAM. IMPLEADED AS ADDITIONAL R2 AS PER ORDER DT.23.12.09 IN CRL.M.A.No.7032/2009. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3846 of 2009 APPENDIX Petitioner's Exhibits :- Annexure I :- Copy of the FIR in Crime No.150/2009 dated 4.6.2009 registered by the Vazhakkadu Police. Annexure II :- Copy of the Final Report dated 24.9.2009 submitted before the Judicial First Class Magistrate Court, Malappuram. Annexure III :- Copy of the order dated 9.7.2009 in C.M.P.No.697/2009 of the Sessions Court, Manjeri. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3846 of 2009 ----------------------------------- Dated this the 3rd day of October 2011 O R D E R Petitioners are accused Nos.1 to 3 in Crime No.150/2009 of Vazhakkad Police Station. After completing the investigation, charge sheet was laid against the accused alleging offence under Sec.306 r/w 34 IPC. The case was committed to the court of sessions. It is now stated to be pending before the Addl. Sessions Judge (Fast Track), Manjeri as S.C.No.75/2010. 2. The learned counsel for the petitioners would submit that the de facto complainant admittedly did not commit suicide. The allegation is that, accused No.1 being the Chairman of College Governing Committee, accused No.2 being the President of the PTA and the 3rd accused who is the daughter of A2 instigated the de facto complainant to commit suicide. The allegation made Crl.M.C. No.3846 of 2009 -: 2 :- against A1 and A2 is that they mentally harassed the complainant stating that she was responsible for organising the student's strike. The allegation against the 3rd accused is that she had filed a complaint against the de facto complainant before the Magistrate Court and she was not willing to withdraw that case. As per the charge sheet, the allegation is that the de facto complainant attempted to cut the vein so as to commit suicide. The learned counsel submits that, that itself is a false story. Whatever that be, the learned counsel submits that the charge under Sec.306 IPC cannot be sustained in view of the fact that the person who was stated to have been attempted did not commit suicide. The commission of suicide is a pre-requisite for attracting the offence under Sec.306 IPC. The learned counsel further submits that there can be no abetment of offence under Sec.306 IPC. The learned counsel has also relied upon the decision of the Supreme Court in Satvir Singh and others v. State of Punjab and another Crl.M.C. No.3846 of 2009 -: 3 :- [(2001) 8 SCC 633] in support of his submission that the commission of suicide and not mere attempt to commit suicide is a condition precedent to hold a person, who abetted the same, guilty under Sec.306 IPC. It was also held by the Apex Court that since the crux of the offence under Sec.306 IPC itself is abetment, there is no question of invoking Sec.116 r/w 306 IPC. Since the charge was laid against the accused only under Sec.306 IPC, it has to be held that no prosecution can be had against the accused for the offence under Sec.306 IPC. Hence, further proceeding in Crime No.150/2009 of Vazhakkad Police Station (it is now reported to be pending before the Addl. Sessions Judge (Fast Track), Manjeri as S.C.No.75/2010) is quashed. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt