Criminal Appeal No.686 of 1999

31st July, 2003

Petitioner Counsel: Shri. F. R. SHAIKH

JUDGMENT

PALSHIKAR, J. :- This appeal filed by the State of Maharashtra challenging acquittal of the accused under section 305 of IPC in Sessions Case No.529 of 1992 by the order dated 23rd July, 1999. In this case the father of the deceased has addressed a communication to the Hon'ble the Chief Justice requesting for an urgent hearing of this appeal against acquittal. Looking to his age, the appeal was directed to be heard expeditiously and so it is disposing of today.

2. With the assistance of the learned A.P.P. we have scrutinised the record and reappreciated the evidence on record. The prosecution story as revealed by our reappreciation of evidence is that on 27th March, 1991 in the night one person was killed under the train bearing local no.772-up. He was of 25 years of age. Therefore panchanama of the body and spot was taken out, which is duly exihibited as Exh.14. In the pocket of the victim there was chit stating that the victim has committed suicide because he was threatened to be killed by the accused. It is the case of the prosecution therefore that the accused has abetted the commission of the suicide by the victim and he is therefore liable to be punished under section 305 IPC. The claim of the prosecution is that the accused used to threaten the victim and therefore the victim committed suicide. He is therefore liable to be convicted under section 305 of IPC. Section 305 IPC reads thus :

"305. Abetment of suicide of child or insane person - if any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life or imprisonment for a term not exceeding ten years, and shall also be liable to fine."

3. It will therefore be seen that in order to hold guilty under this section, the prosecution must prove the following :

1. That the victim is under 18 years of age i.e. minor, or

2. is an insane person, or

3. is a delirious person, or

4. is an idiot person, or

5. is an intoxicated person.

4. It must then be proved that such a person belonging to any of the above categories committed suicide and the commission of that suicide was abetted by the accused.

5. Even if the entire evidence on record is accepted as truthful, the order of acquittal will have to be held proper. There is no evidence on record to show that the victim belonged to any of the five categories mentioned above. The necessary ingredients of the offence under section 305 of IPC is therefore missing. Even if it is accepted therefore that the accused sometimes did threaten the victim, unless the victim is a person belonging to either of the categories mentioned above, no conviction under section 305 IPC is possible.

6. The prosecution has failed to establish any immediate connection between threats given and the suicide committed. In order to hold a person guilty for abetment for suicide by such an incident etc. by a person it will have to be proved by the prosecution that there was anxietment given by the accused which immediately led to the commission of the suicide. No such evidence is available in the present case. The order passed by the learned trial Judge acquitting the accused therefore cannot be found erroneous on any ground. There is no reason whatsoever to interfere with the order. In the result, the appeal fails and it is dismissed.

Appeal dismissed.