STATE OF WEST BENGAL v. INDRAJIT KUNDU & Ors.

said that commission of suicide by the victim was the only course open to her due to action of the respondents – There was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide – No merit in the appeal warranting interference with the well reasoned judgment of the High Court – Code of Criminal Procedure, 1973 – ss.401, 482. Dismissing the appeal, the Court HELD: 1. Respondents are sought to be proceeded for charge under Section 306/34, IPC mainly relying on the suicide letters written by the deceased girl and the statements recorded during the investigation. Even according to the case of de facto complainant, respondent Nos. 2 and 3 who are parents of first respondent shouted at the deceased girl calling her a call-girl. This happened on 05.03.2004 and the deceased girl committed suicide on 06.03.2004. By considering the material placed on record, the present case does not present any picture of abetment allegedly committed by respondents. The suicide committed by the victim cannot be said to be the result of any action on part of respondents nor can it be said that commission of suicide by the victim was the only course open to her due to action of the respondents. There was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide. On 05.03.2004 when the deceased went to the premises of first respondent, his parents who are respondent Nos. 2 and 3 addressed her as a call-girl. Such material is not sufficient to proceed with the trial by framing charge of offence under Section 306/34 IPC. There was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide. To draw the inference of instigation it all depends on facts and circumstances of the case, whether the acts committed by the accused will constitute direct or indirect act of incitement to the commission of suicide is a matter which is required to be considered in facts and circumstances of each case. No merit is found in this appeal so as to interfere with the well reasoned judgment of the High Court. [Paras 11, 13, 16 and 17] [494-E-G; 495-G; 496-A; E-G] A B C D E F G H STATE OF WEST BENGAL v. INDRAJIT KUNDU & ORS. 491