State of Haryana vs Arun Kumar

M.L. Singhal, J.

This is Criminal Revision filed by the State of Haryana against the order of Additional Sessions Judge, Rewari dated 5.6.1998 whereby he declined to summon Krishan Kumar and Mahi Pal for their trial under Section 306 IPC in exercise of powers vesting in him under Section 319 Cr.P.C.

The prosecution case in brief is that Shiv Kumar son of Hukam Singh was wording with M/s PS Motors, Gurgaon, owned by Arun Kumaraccused. A motor cycle was purchased by Shiv Kumar from Arun Kumar. Arun Kumar used to deduct the price of the motor cycle from the salary of Shiv Kumar. Shiv Kumar used to tell his father Hukam Singh that Arun Kumar was harassing him and compelling him to bring back the motor cycle to him. On 26.7.1997 Hukam Singh was informed by a police constable that his son Shiv Kumar had been run over by a train. On 25.7.1997, Shanti Devi mother of Shiv Kumar had given Rs. 6000/ to Arun Kumar. According to the prosecution Shiv Kumar was compelled by Arun Kumar to commit suicide.

On 19.12.1997 Arun Kumar was charged under Section 306 IPC by the learned Additional Sessions Judge, Rewari. On 5.6.1998, Hukam Singh appeared as PW1. Hukam Singh PW1 stated that Shiv Kumar was also beaten by Krishan Kumar, PTI of their village. He was also harassed by Krishan Kumar. Shiv Kumar used to teach in the school where Krishan Kumar was working as PTI. It was a Government School. Rs. 700, 800, 900, 1000/ were to be paid by Krishan Kumar towards tuition fee. This amount was not paid by Krishan Kumar. Nonpayment of tuition fee by Krishan Kumar also contributed to the commission of suicide by Shiv Kumar. Mahi Pal was working as Branch Post Master in their village. Forms of Navy, Air Force and other services were sent by the concerned Departments at the address of Shiv Kumar. Mahi Pal used to keep those forms with him. Those were not delivered by Mahi Pal to his son Shiv Kumar. When Shiv Kumar objected to that, Post Master told him that it was not his luck to get into service and that he should do some menial work. His son used to narrate all this to his father Hukam Singh. Mahi Pal had given beating to his son Shiv Kumar. Shiv Kumar committed suicide as he was fed up with Mahi Pal and Krishan Kumar. Satish Kumar PW2 also stated about the harassment of Shiv Kumar by Mahi Pal and Krishan Kumar.

It was submitted by the learned counsel for the petitioner that the deceased had written a suicide note. In the suicide note which was addressed by the deceased to his mother, he had mentioned that Arun Yadav, Mahi Pal and Krishan Kumar were his enemies and that he would teach them a lesson.

In my opinion, learned Additional Sessions had rightly refused to summon Mahi Pal and Krishan Kumar for trial under Section 306 of the Indian Penal Code in exercise of powers vesting in him under Section 319 of the Code of Criminal Procedure.

Section 319 of the Code of Criminal Procedure reads as under :

"Power to proceed against other persons appearing to be guilty of offence (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under subsection (1) then

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced."

"Abetment" has been defined in Section 107 of the Indian Penal Code which 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 A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done is said to instigate the doing of that thing."

A person is said to "instigate" another to do an act, when he actively suggests or stimulates him to the act by any means of language, direct or indirect, whether it takes the form of express solicitation, or of hints, insinuation or encouragement. The word "instigate" means to goad or urge forward or to provoke, incite, urge or encourage to do an act.

In this case the attribution to Mahi Pal and Krishan Kumar did not amount to abetting him to commit suicide. So, no ground is thus made out to interfere with the impugned order dated 5.6.1998 passed by the learned Additional Sessions Judge, Rewari declining to summon Mahi Pal and Krishan Kumar.