Case Note & Summary
The matter came before the Bombay High Court as a criminal revision application challenging the order of the Assistant Sessions Judge, Nashik, dated 12 May 2011, which had rejected the discharge applications of the applicants in Sessions Case No. 46/2007. The applicants, both professors at MGV Dental College and Hospital, Nashik, were charged under Section 306 read with Section 34 of the Indian Penal Code for abetting the suicide of Sneha Dandale, a final-year BDS student. The prosecution alleged that on 9 December 2005, applicant Dr. Bhoosreddy, while taking oral examinations, humiliated the deceased by shouting at her, making disparaging remarks about her knowledge, and punishing her by requiring her to write answers multiple times. It was also alleged that applicant Dr. Dani punished her for late submission of an assignment. The deceased was found hanging in her hostel room the next morning. The applicants sought discharge on the ground that the chargesheet material, even if taken as true, did not disclose the necessary ingredients of abetment under Section 306 IPC, particularly mens rea and a proximate act of instigation or aid. The prosecution relied on statements of students and colleagues to suggest that the applicants' conduct created unbearable stress leading to suicide. The applicants' senior counsel argued that the Apex Court judgments in Madan Mohan Singh v. State of Gujarat and S.S. Chheena v. Vijay Kumar Mahajan clearly establish that mere harassment or academic pressure, without a positive act of instigation immediately preceding the suicide, does not constitute abetment. The judgment text remains incomplete and does not record the final decision or reasoning of the court.
Issue of Consideration
Whether the material on record prima facie establishes the ingredients of abetment of suicide under Section 306 of the Indian Penal Code against the applicants
Law Points
- Abetment of suicide under Section 306 IPC requires mens rea
- instigation or intentional aiding
- mere harassment or academic pressure without positive act proximate to suicide does not constitute abetment
Case Details
2011 LawText (BOM) (08) 80
Criminal Revision Application No. 265 of 2011 with Criminal Application No. 621 of 2011
A.P. Mundargi, Senior Advocate with H. Mundargi for the applicant (in APL No. 265/2011); H.E. Palwe for the applicant (in APL No. 621/2011); Y.M. Nakhwa, APP for the State
Dr. Mrs. Seema Ajay Bhoosreddy (Applicant in Revision No. 265/2011) and Dr. Nitin Hemchandra Dani (Applicant in Criminal Application No. 621/2011)
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Nature of Litigation
Criminal revision against rejection of discharge application in a case under Section 306 IPC
Remedy Sought
Applicants sought discharge from the case on the ground that the chargesheet material did not disclose ingredients of Section 306 IPC
Filing Reason
The Sessions Court rejected the discharge application; hence the applicants approached the High Court in revision
Previous Decisions
Assistant Sessions Judge, Nashik, vide common order dated 12 May 2011, rejected the discharge applications
Issues
Whether the material on record prima facie establishes the ingredients of abetment of suicide under Section 306 IPC against the applicants
Whether the acts attributed to the applicants amount to instigation, aid or abetment with the necessary mens rea
Submissions/Arguments
Applicants' counsel argued that even if the allegations are taken at face value, no act of instigation, aid or abetment is disclosed; there is no material showing mens rea; relied on Supreme Court judgments to contend that mere harassment or academic pressure does not constitute abetment
Prosecution argued that sufficient material existed to establish complicity of the applicants; the conduct of the applicants created unbearable stress leading to suicide
Judgment Excerpts
The applicant Dr.Mrs.Seema Ajay Bhoosreddy is working as Professor in MGV Dental College and Hospital, Nashik. She is teaching the subject of oral surgery.
The deceased Sneha Dandale was a student studying in last year of BDS course. The deceased committed suicide on 10 th December 2005.
He submits that the material placed on record by the prosecution is not of such a nature which even at, prima facie stage, would establish a mens rea, which is one of ingredients to constitute offence under section 306 of I.P.C.
She has further stated that Bhoosreddy madam took Sneha’s paper and examined it and, thereafter, in an annoyed voice said “what is written” and handed over the said paper to Gauri Madam and and Mule Sir.
He has further stated that on the date of incident he received a sms on his mobile at around 7.45 a.m. from Sneha “brother pardon me”. That it was stated in the said message, “I could not write as told by you. I am still writing. Take care. We will meet”.
He has stated that when he met Sneha, she informed him that in the Oral Surgery Department, at the time of oral examination, Dr.Bhoosreddy madam was very much annoyed. That she insulted her in front of everybody. That she asked her to write the answers of the test papers five times and chapter on fracture, ten times and, therefore, she was under tension.
Procedural History
A First Information Report was registered on the complaint of the deceased's father. After investigation, chargesheet was filed and the case was committed to the Sessions Court as Sessions Case No. 46/2007. The applicants filed an application for discharge before the Sessions Judge. By order dated 12 May 2011, the Assistant Sessions Judge, Nashik, rejected the discharge application. Aggrieved, the applicants filed the present criminal revision application and criminal application before the High Court.
Acts & Sections
- Indian Penal Code: 306, 34
