Case Note & Summary
The applicant, Saksham Rajeev Kharbanda, a student at NIFT Kharghar, was charged under Section 306 IPC for allegedly abetting the suicide of his friend Rasika, who jumped from a building on 5 March 2016. The prosecution alleged that the applicant and Rasika were in a love affair with frequent quarrels, and that Rasika had previously attempted suicide in December 2015 by slitting her wrist, which the applicant took her to the hospital for. No suicide note was left. Rasika's father lodged an FIR based on information from friends, particularly Kajol Desai. After investigation, charge-sheet was filed and the case was committed to Sessions Court. The applicant filed a discharge application under Section 227 CrPC, which was rejected by the Sessions Judge on 11 February 2019. The applicant then approached the High Court under Section 482 CrPC. The High Court examined the material on record, including statements of witnesses, and found no evidence of instigation, active role, or mens rea by the applicant. The court noted that the deceased was a mature adult and the alleged quarrels were trivial. The court held that mere love affair and quarrels do not constitute abetment of suicide. The court allowed the application, set aside the Sessions Court order, and discharged the applicant from the case.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Discharge under Section 227 Code of Criminal Procedure, 1973 - The court considered whether allegations of love affair, petty quarrels, and a prior suicide attempt by the deceased constitute abetment of suicide. Held that without evidence of instigation, active role, or mens rea, no prima facie case under Section 306 IPC is made out, and the accused is entitled to discharge (Paras 3-10).
Issue of Consideration
Whether the applicant is entitled to discharge under Section 227 CrPC for offence under Section 306 IPC when the prosecution case alleges love affair, quarrels, and prior suicide attempt but no direct instigation or active role in the suicide.
Final Decision
Application allowed. Order dated 11 February 2019 passed by the learned District Judge-4 and Asstt. Sessions Judge, Alibag, below Exhibit-3 in Sessions Case No.69 of 2017 is set aside. The applicant is discharged from the said case.
Law Points
- Abetment of suicide requires instigation
- active role
- or mens rea
- mere love affair and quarrels insufficient
- Section 306 IPC
- Section 227 CrPC
- discharge when no prima facie case
Case Details
2019 LawText (BOM) (11) 154
Criminal Application No.610 of 2019
Mr. U. P. Warunjikar for Applicant, Ms. P. P. Shinde, A.P.P for Respondent-State
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Nature of Litigation
Criminal application under Section 482 CrPC challenging rejection of discharge application under Section 227 CrPC in a case under Section 306 IPC.
Remedy Sought
Applicant sought quashing of order dated 11 February 2019 rejecting his discharge application and discharge from Sessions Case No.69 of 2017.
Filing Reason
Applicant was charged with abetment of suicide of his friend Rasika; he claimed no prima facie case under Section 306 IPC.
Previous Decisions
Sessions Judge rejected discharge application on 11 February 2019, directing framing of charge.
Issues
Whether the allegations in the charge-sheet and material on record disclose a prima facie case under Section 306 IPC against the applicant.
Whether the applicant is entitled to discharge under Section 227 CrPC.
Submissions/Arguments
Applicant argued that no instigation, active role, or mens rea is shown; mere love affair and quarrels insufficient.
State argued that the deceased's prior suicide attempt and quarrels indicate abetment.
Ratio Decidendi
For an offence under Section 306 IPC, there must be evidence of instigation, active role, or mens rea by the accused. Mere love affair, petty quarrels, or a prior suicide attempt by the deceased, without any direct involvement of the accused in the suicide, do not constitute abetment. The court must consider the totality of circumstances and the material on record at the stage of Section 227 CrPC to determine if a prima facie case exists.
Judgment Excerpts
Taking the prosecution case as it stands, no offence as alleged under Section 306 of the Indian Penal Code is disclosed, as against the applicant.
The deceased was a mature adult and the alleged quarrels were trivial. There is no evidence of instigation or active role by the applicant.
Procedural History
FIR lodged by deceased's father on 5 March 2016; charge-sheet filed; case committed to Sessions Court as Sessions Case No.69 of 2017; applicant filed discharge application (Exhibit-3) under Section 227 CrPC; Sessions Judge rejected discharge on 11 February 2019; applicant filed Criminal Application No.610 of 2019 under Section 482 CrPC before Bombay High Court; High Court allowed application and discharged applicant on 8 November 2019.
Acts & Sections
- Indian Penal Code, 1860: 306
- Code of Criminal Procedure, 1973: 227, 482
