Early Times Report
JAMMU, Aug 31: Justice Rajneesh Oswal of J&K High Court while quashing the charge-sheet filed against one Gauri Devi in 306 RPC, observed that mere refusal to repay borrowed money cannot be termed as Abetment to Suicide.
The present petition has been filed by the petitioner under Section 561-A, now 482 Cr. P.C. for quashing the challan in case titled "State of Jammu & Kashmir (now UT) Vs Gauri Devi," arising out of FIR No.152/2010 dated 14.08.2010 registered with Police Station Nowabad, Jammu for offences under Section 306 of the RPC, pending before the Court of learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as the "trial Court") and also the order dated 12.03.2011, by virtue of which the charge for commission of offence under Section 306 has been framed against the petitioner. It is stated that on 07.12.2009 at 01.30 p.m., the Police Post, Canal Road, received information from some reliable sources that one person, namely, Ghan Shyam, S/o Ajay Kumar, R/o Krishna Nagar, Jammu has seriously injured himself by stabbing himself in the chest and was taken to GMC, Jammu, who died en route. The statements of the witnesses were recorded under Section 175 Cr. P.C. and it was found that the deceased Ghan Shyam, aged 35-36 years was a street vendor and his mother-in-law i.e the petitioner herein, was also in the same business. The deceased had allegedly given Rs 73,000 as loan to his mother-in-law for the sake of her business and was himself indebted to many people, as he had also borrowed money from them for his business.
Justice Rajneesh Oswal after hearing Adv Basit M Keng for the petitioner whereas AAG Aseem Sawhney for the police observed that one can be charged for the offence of abetment only when he instigates any person to do that thing or intentionally or engages with one or more other person in conspiracy for the doing of that thing or intentionally aids, by any act or illegal omission, the doing of that thing. The allegation against the petitioner is that she refused to return the money to the deceased, as a result of which he committed suicide. In order to constitute an offence of abetment, the act committed by the accused must be of such nature so that the deceased must be left with no other option but to take extreme step of ending his life.
High Court after hearing both the sides observed that the ingredients of offence under Section 306 of the RPC are absolutely lacking in the instant case and the learned trial Court has not considered this vital aspect of the case and as such the order impugned is set aside. The petitioner is discharged for commission of offences under Section 306 RPC and the challan stands dismissed. —JNF |
