Criminal Misc. No.M-48844 of 2007 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-48844 of 2007 (O&M) Date of decision: 5.9.2011 Harinder Pal Singh and another ......Petitioners Versus State of Punjab and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.G.K.Mann, Advocate, for the petitioners. Mr.Vishal Munjal, Addl.A.G, Punjab. Mr.D.S.Sandhu, Advocate, for respondent No.2. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.173 dated 19.6.2007 (Annexure P-1) under Section 306 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station City Kapurthala and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the deceased Parameshwar Singh had committed suicide as he had been convicted in a case under Section 376 IPC qua the rape of his Criminal Misc. No.M-48844 of 2007 (O&M) 2 own minor daughter. Parmeshwar Singh was a diabetic patient. However, in the suicide note, alleged to have been left by the deceased, it was averred therein that the petitioners, who were brothers of the wife of the deceased , were responsible for his death. The deceased was in Jail on account of registration of FIR against him under Section 376 IPC. The deceased had been released on parole about a couple of days prior to the occurrence. The deceased had not met the petitioners before committing suicide. There was no occasion for the petitioners to have caused any harassment to the deceased. Learned counsel for the complainant, on the other hand, has submitted that the complainant was the owner of the hotel where the deceased had committed suicide and he had merely informed the police qua the death of Parmeshwar Singh. Learned State counsel, on the other hand, has submitted that the offence committed by the petitioners was serious in nature. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. Admittedly, FIR No.158 dated 30.6.2005 was registered against Parmeshwar (since deceased) under Section 376 IPC at Police Station City Kapurthala. The trial Court vide judgment dated 3.4.2006 (Annexure P-2) ordered the conviction of the deceased under Section 376 IPC. The allegation against the deceased was that he had committed the rape of his own minor daughter aged about 13 ½ years. A perusal of the said judgment (Annexure P-2) reveals that the petitioners had not even appeared as witnesses in the criminal case. Rather the wife of the deceased and the Criminal Misc. No.M-48844 of 2007 (O&M) 3 prosecutrix had appeared as witnesses against the deceased. It appears that the deceased has committed suicide on his release from the jail as he was fed up with his disease. The petitioners have been falsely involved in this case by the deceased. The FIR was registered against the deceased on 30.6.2005 and on the same day he was arrested. The deceased had remained in custody during trial. The judgment, where by the deceased was convicted for an offence under Section 376 IPC, was passed on 3.4.2006 (Annexure P-2). The deceased was released on parole from 23.5.2007 to 21.6.2007 and had died on 19.6.2007. On he date of the alleged occurrence, the deceased was staying in the hotel belonging to the complainant. From the facts and circumstances of the present case, it cannot be said that any case of abetment of suicide committed by the deceased was made out against the petitioners. Section 107 IPC reads as under:- Abetment of a thing: A person abets the doing of a thing, who— First.—Instigates any person to do that thing; or, Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, Criminal Misc. No.M-48844 of 2007 (O&M) 4 voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.” As per Section 306 IPC, if any person abets the commission of suicide shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without positive act on the part of the accused to instigate or aid in committing suicide, offence under Section 306 IPC cannot be said to be made out. In the present case, the deceased had been convicting for an offence qua rape of his own minor daughter. The deceased was a diabetic patient and was fed up from his disease. In these circumstances, the deceased proceeded to commit suicide. However, the petitioners cannot be held liable for abetment of suicide committed by the deceased. Accordingly, the present petition is allowed. FIR No.173 dated 19.6.2007 (Annexure P-1) under Section 306 IPC registered at Police Station City Kapurthala and all the subsequent proceedings arising therefrom, are quashed. (SABINA) JUDGE September 05, 2011 anita