Case Note & Summary
The petitioner, Dr. Dashrath Bhande, was the President of a society that ran a school. The HeadMaster of the school, Subhash Dayaram Shriwas, was accused No.1, and the petitioner was accused No.2. A complaint was lodged by Anandwardhan Vishwanath Adikne on 28 January 2010, alleging that the deceased teacher committed suicide due to harassment. The police registered an offence under Section 306 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, the chargesheet was filed against both accused, but the petitioner was only charged under Section 306 IPC. Before framing of charge, the petitioner filed an application under Section 227 of the Code of Criminal Procedure, 1973 seeking discharge. The learned Adhoc Additional District Judge, Achalpur, rejected the application on 8 January 2015. The petitioner then approached the High Court by way of a criminal writ petition. The High Court examined the statements of witnesses recorded by the police and found that none of them attributed any act of instigation, conspiracy, or intentional aid to the petitioner. The court held that the material on record did not disclose a prima facie case against the petitioner for abetment of suicide. The court allowed the petition, set aside the impugned order, and discharged the petitioner from the case. The court clarified that the trial against accused No.1 would continue.
Headnote
A) Criminal Procedure - Discharge under Section 227 CrPC - Prima Facie Case - The court must consider whether the material on record, if accepted as true, discloses a prima facie case against the accused. If not, the accused is entitled to be discharged. (Paras 6-8)
B) Indian Penal Code - Abetment of Suicide - Section 306 IPC - Ingredients of Abetment - To constitute abetment of suicide, there must be evidence of instigation, conspiracy, or intentional aid by the accused. Mere presence or official position is insufficient. (Paras 9-12)
C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Applicability - The charge under this section was not pressed against the petitioner as the chargesheet only implicated him under Section 306 IPC. (Para 2)
Issue of Consideration
Whether the petitioner, who was the President of the Society running the school where the deceased was employed, can be discharged under Section 227 of the Code of Criminal Procedure, 1973 for the offence punishable under Section 306 of the Indian Penal Code, 1860, when the chargesheet does not disclose any act of instigation, conspiracy, or intentional aid on his part.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 8 January 2015, and discharged the petitioner from the case. The trial against accused No.1 (Subhash Dayaram Shriwas) shall continue.
Law Points
- Discharge under Section 227 CrPC
- Prima facie case
- Abetment of suicide under Section 306 IPC
- Ingredients of abetment
- Instigation
- Conspiracy
- Intentional aid
Case Details
2016 LawText (BOM) (09) 113
Criminal Writ Petition No.146 of 2015
Shri P.V. Navlani for the Petitioner, Shri V.P. Gangane, Additional Public Prosecutor for the Respondent/State
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Nature of Litigation
Criminal writ petition challenging the order rejecting discharge application under Section 227 CrPC in a case of abetment of suicide.
Remedy Sought
The petitioner sought discharge from the case for the offence punishable under Section 306 IPC.
Filing Reason
The petitioner was implicated as accused No.2 in a chargesheet for abetment of suicide of a teacher, but the material on record did not disclose any act of instigation, conspiracy, or intentional aid by him.
Previous Decisions
The learned Adhoc Additional District Judge, Achalpur, rejected the discharge application on 8 January 2015.
Issues
Whether the petitioner is entitled to discharge under Section 227 CrPC when the chargesheet does not disclose a prima facie case against him for the offence under Section 306 IPC.
Submissions/Arguments
Petitioner's counsel argued that even if the prosecution evidence is accepted at face value, it does not disclose any commission of offence and is not sufficient to proceed against the petitioner.
Respondent/State argued that the learned Sessions Judge rightly rejected the application as this is not the stage to appreciate evidence, and the statements of witnesses show involvement.
Ratio Decidendi
For the purpose of framing charge or discharge under Section 227 CrPC, the court must consider the material on record and if it does not disclose a prima facie case against the accused, the accused is entitled to be discharged. In this case, the statements of witnesses did not attribute any act of instigation, conspiracy, or intentional aid to the petitioner, and therefore no prima facie case for abetment of suicide under Section 306 IPC was made out.
Judgment Excerpts
Even if the prosecution evidence is accepted at its face value, still it does not disclose any commission of offence and that whatever it shows is not sufficient to proceed against the petitioner.
The material on record does not disclose a prima facie case against the petitioner for the offence punishable under Section 306 of the Indian Penal Code.
Procedural History
On 28 January 2010, a complaint was lodged by Anandwardhan Vishwanath Adikne. Police registered an offence under Section 306 IPC and Section 3(2)(v) SC/ST Act against the petitioner and Subhash Dayaram Shriwas. After investigation, chargesheet was filed. The petitioner filed an application (Exh.12) under Section 227 CrPC seeking discharge. The learned Adhoc Additional District Judge, Achalpur, rejected the application on 8 January 2015. The petitioner then filed Criminal Writ Petition No.146 of 2015 before the Bombay High Court, Nagpur Bench, which was allowed on 19 September 2016.
Acts & Sections
- Indian Penal Code, 1860: 306
- Code of Criminal Procedure, 1973: 227
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(2)(v)
