Ashok Kumar Sawadiya and Others vs State of M.P.

S.C. Pandey, J.

This is an application filed by the applicants u/s 482 of the Code of Criminal Procedure, for quashing the charge-sheet filed against them and for discharging them of an offence registered against them u/s 306 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 25.5.2000 the applicants Ashok Kumar, Rajendra Kumar and Mohanlal were playing carom with the deceased Virendra Kumar. During the course of play there was quarrel between the applicants and the deceased Virendra Kumar. It is said that the applicants No.1 and 2 beat Virendra Kumar by means of fists cuffs and the applicant No.3 exhorted them to give him a beating. It is alleged that as a consequence of beating, Virendra Kumar committed suicide and left a suicidal note stating that all the accused persons used to beat him in private and also publicly. No one from his house was in a position to retaliate. The deceased could not bear public humiliation and, therefore, he was committing suicide.

The argument advanced on behalf of the applicants is that the applicants may be guilty of committing an offence which may be covered by Section 323 of the Indian Penal Code, but merely giving beating to the deceased Virendra Kumar, or humiliating; or harassing him in the course of beating and abusing him would not amount to an offence within the meaning of Section 306 of the Indian Penal Code as the applicants did not abet commission of suicide by Virendra Kumar.

Having heard the learned counsel for the parties, this Court is of the view that it cannot be said that the applicants, in any manner, instigated Virendra Kumar to commit suicide, nor did they engage in conspiracy in order to exhort the deceased Virendra Kumar to commit suicide. Further, there is nothing on record to show that the applicants intentionally aided commission of suicide by any illegal act or omission. It cannot be said that the applicants did any act which is covered by Explanation-2 to Section 107 of the Indian Penal Code, in order to facilitate commission of suicide by the deceased. On the other hand, it has been rightly contended by the learned counsel for the applicants that the applicants may be guilty of intending to commit an offence punishable for using illegal force upon the deceased. The matter ended there. They could not have remotely dreamed that the deceased Virendra Kumar would commit suicide on account of beating given by them. Apparently, the applicants could not conceive any causal connection with the act of beating resulting in commission of suicide on the part of Virendra Kumar.

The result is that the applicants are not liable to be charge sheeted u/s 306 of the Indian Penal Code. Accordingly, they are discharged from the offence u/s 306 of the Indian Penal Code registered against them in Criminal Case No. 69/2000, pending before the Judicial Magistrate First Class, Sakti, District Janjgir-Champa (M.P.).

In view of the aforesaid order, this petition u/s 482 of the Code of Criminal Procedure, stands allowed.