In CRA-S-3445-SB-2014-PUNJ HC- Merely mentioning names of accused in suicide note in absence of any specific role would not lead to commission of offence u/s 306 IPC: P&H HC
Justice Jasjit Singh Bedi [17-01-2023]

Read Order: Razia v. State of Punjab and Others

Monika Rahar

Chandigarh, January 23, 2023: Recently, the High Court of Punjab and Haryana has held that words uttered in a quarrel or in the spur of a movement if at all cannot be taken to be uttered with the necessary mens rea and would be an outcome of an emotional outburst or a fit of anger then the same would not amount to abetment.

The Bench of Justice Jasjit Singh Bedi held,"merely mentioning the names of the accused in the suicide note in the absence of any specific role would not lead to the commission of an offence under Section 306 IPC." 

The present appeal was preferred against the judgment of acquittal whereby the respondents/accused were acquitted of the offence under Section 306 read with Section 120-B IPC.

The facts as disclosed by the father of the deceased Mohd. Imran, Wrestler that his son was thrown away by someone near Baghar Gate after giving him beatings. Upon reaching the hospital, the doctor declared him dead. There were no injury marks on his person, however, a paper slip was found in his pocket. The complainant-father vehemently stated that the accused named in the note compelled his son to commit suicide.

Based on the statement, an FIR came to be registered. 

Based on the evidence led, the accused came to be acquitted. The Trial Court found that merely because the accused had some dispute with the deceased or that they had made a complaint to the police against the illegal acts of the deceased did not make out an offence under Section 306 IPC if the accused subsequently committed suicide. 

The Trial Court further held that suicide note was only to the effect that if the deceased met with an accident or was beaten up by anti-social elements, the accused would be responsible. Nothing in the suicide note suggested that the deceased had committed suicide on account of the acts of the accused. There was no reference of acts or conduct in the alleged suicide note, whereby the accused could be said to have committed any willful act or omission or intentionally aided or instigated the deceased in committing suicide. 

Therefore, a mere reference of the names of the accused in the suicide note could not make them responsible for the suicide of the deceased. The Trial Court further came to the conclusion that there was no evidence that the alleged suicide note was in fact scribed by the deceased.

After hearing the parties, the Bench observed that in this case, there was absolutely no evidence of abetment of suicide in the absence of proof of direct or indirect acts of incitement on the part of the accused. 

"Merely having a dispute with the deceased or making a complaint to the Police against the deceased would not make out a case under Section 306 IPC", the Bench added. 

Adverting to the suicide note, the Bench held that the note did not refer to any act on the part of the accused amounting to abetment and it only mentioned that if something was to happen with the deceased, the accused would be responsible. "The suicide note therefore does not further the case of the prosecution", the Bench added. 

The Bench further added that merely mentioning the names of the accused in the suicide note in the absence of any specific role would not lead to the commission of an offence under Section 306 IPC. 

"Further, there is nothing to suggest that immediately prior to the alleged commission of suicide, the deceased had became disturbed on account of any act or omission on the part of the accused", the Court held. 

On the other hand, it was noted by the Court, 

"words uttered in a quarrel or in the spur of a movement if at all cannot be taken to be uttered with the necessary mens rea and would be an outcome of an emotional outburst or a fit of anger. Therefore, the same would not amount to abetment."

Therefore, the present appeal was dismissed.