High Court
Facts
11147.2023APPLN.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAY,BENCH AT AURANGABAD.CRIMINAL APPLICATION NO. 1147 OF 20231.Jayashree d/o Mahalsakant Parlikar Age : 58 years, Occ : Service, R/o Kailas Nagar, Latur, Tq. & Dist. Latur. 2.Virendra S/o Sunil PolawadAge : 37 years, Occ : Service, R/o Vivekanand Chowk, Latur, Tq. & Dist. Latur. 3.Kiran S/o Ganeshrao Doijad Age : 33 years, Occ : Service, R/o Sale Galli, Latur, Tq. & Dist. Latur. 4.Vaibhavh S/o Vishnupanth Rahatikar Age : 37 years, Occ : Service, R/o C/o Ramesh Pathak, Ram Galli, Latur, Tq. & Dist. Latur. 5.Pandurang S/o Tulsidas Parle Age : 29 years, Occ : Service, R/o Bhisamudra, Latur, Tq. & Dist. Latur. ..APPLICANTS-VERSUS-1.The State of Maharashtra,Through the Police Inspector,Latur Rural Police Station, Tq. & Dist. Latur. 2.Pandurang S/o Ashokrao Balwad Age : 42 years, Occ : Agri., & Business, R/o Bhatangali, Latur, Tq. & Dist. Latur. ..RESPONDENTS...
Legal Reasoning
111147.2023APPLN.odtstatements of family members, friend of deceased suggest that he wasdisturbed due to these allegations. However, assuming everything to betrue, the undisputed material on record referred to above falls short ofmaking out the ingredients of the offence.11.Perusal of the record indicates that there is no mention ofany specific amount allegedly misappropriated by the deceased. Thereis no material to suggest that any act of misappropriation wasunearthed during the surprise inspection. It also appears that thedeceased never questioned the applicants about the alleged falseallegations, which were being levelled by them against him. Likewise,there is nothing to suggest that the deceased tried to reach out to hissuperiors, raising grievance against the applicants regarding levelling offalse allegations. In this backdrop, we find that the allegations in thealleged suicide note are as vague as they could be.12.We may also noticed that in the suicide note he has madegrievance against the management of the bank with respect to thesalary. According to the suicide note, the salary paid was not adequate,increments were not given regularly as should have been given,dearness allowances were not being increased and even bonus was notpaid. In a supplementary statement of bank manager has stated about 121147.2023APPLN.odtfinancial condition of the deceased by referring the loan of Rs.2,00,000/- that he had sought. It, therefore, appears that the deceasedwas in a disturbed state of mind due to reasons other than allegedharassment by levelling allegations of financial irregularities.13.We refer to a Division Bench of this Court in the matter ofNasirhusen Mohiddin Jamadar Vs. State of Maharashtra and Anotherreported in 2024 SCC Online Bom 3741. Referring to several judgmentsof the Hon’ble Supreme Court on the point as also earlier decisions ofthis Court, it is held that mere acts of abuse or insult to the deceased bythe accused will not make out an essential ingredient of the offence ofabetment to suicide. The material on record must indicate mens rea inthe form of clear intention on the part of the accused to commit acts inorder to instigate the deceased to commit suicide. It is further held thatmere allegation of harassment is not enough to attract Section 306 ofIPC. The said judgment deals with the contents of suicide note in whichallegations were levelled against the accused persons. The saidjudgment also pertains to quashing of criminal prosecution. This Courthas recently taken a similar view in the matter of Uddhav BhauraoShinde Vs. The State of Maharashtra & Anr. (Criminal Application No.1067 of 2023, decided on 09.12.2024). It is held in the said judgmentthat abetment of suicide involves a mental process of the accused 131147.2023APPLN.odtinstigating a person or intentionally aiding a person to commit suicide.A positive act on the part of the accused indicating instigation or aidingthe act of suicide is essential. The act on the part of the accused shouldbe such that the deceased must find himself in a situation where he isleft with no option, but to bring an end to his life. The said judgment inUddhav Bhaurao Shinde (supra) also refers to several decisions of thisCourt as well as the Hon’ble Supreme Court of India on the point.14.Viewed in the light of above legal position, we are of theconsidered opinion that the material on record is grossly inadequate tomake out any case against the applicants for the offences under Section306 and/or 107 of the IPC. It will not be in the interest of justice toforce the applicants to face prosecution in such a matter, where theundisputed material on record does not satisfy the essential elements ofthe offence. We are, therefore, of the considered opinion that FIR andresultant criminal prosecution against the applicants is required to bequashed. Hence, we pass the following order:ORDER(i)The application is allowed.(ii)FIR bearing Crime No. 0274 of 2022 registered with Latur RuralPolice Station on 31.12.2022 for the offences punishable under Sections306 read with Section 34 of the Indian Penal Code and Regular 141147.2023APPLN.odtCriminal Case No. 886 of 2023 pending on the file of learned ChiefJudicial Magistrate, Latur are quashed against applicants Jayashree d/oMahalsakant Parlikar, Virendra S/o Sunil Polawad, Kiran S/o GaneshraoDoijad, Vaibhavh S/o Vishnupanth Rahatikar and Pandurang S/oTulsidas Parle.[ROHIT W. JOSHI][ SMT. VIBHA KANKANWADI] JUDGEJUDGEK.Komal/
Arguments
21147.2023APPLN.odtAdvocate for the applicants : Mr.Shailendra S. Gangakhedkar APP for Respondent- State : Mr. A.D. WangeAdvocate for respondent No.2 : Mr. T.M. Venjane …CORAM :SMT. VIBHA KANKANWADI ANDROHIT W. JOSHI, JJ. RESERVED ON : 17th DECEMBER, 2024PRONOUNCED ON : 6th JANUARY, 2025024.JUDGMENT (PER ROHIT W. JOSHI, J.) :.The present criminal application is filed under Section 482of the Code of Criminal Procedure (Cr.P.C.), inter alia, praying to quashF.I.R. No. 274/2022 registered against the applicants with Latur (Rural)Police Station, Dist. Latur on 31.12.2022 for offence punishable underSection 306 read with Section 34 of the Indian Penal Code (IPC) andRegular Criminal Case No.886/2023 pending on the file of the learnedChief Judicial Magistrate, Latur. Respondent No.2, the informant isbrother of deceased Nitin Ashokrao Balwad, who has committed suicidein the night intervening 28.12.2022 and 29.12.2022. The applicants arearrayed as accused Nos.1 to 5 in the matter. 2.Respondent No.2 has stated in the FIR that he was residingalong with his family, parents and family of younger brother deceasedNitin Balwad. His younger brother deceased Nitin was employed withLaxmi Mahila Sahakari Bank Ltd., Nanded, Ganjgolai branch, Latur. Hewas initially employed in the year 2009 and was made permanent in 31147.2023APPLN.odtthe year 2013. He states that his brother used to work in the bank andthereafter in the evening he used to go to Hotel Kandil Bar, run by thefamily, for accounting purposes of the said establishment. He statesthat, for past about two months, his brother was under constant stress.On inquires, he has informed, his father and wife that he wasconstantly being targeted by employees in the bank in relation to someaffairs of bank with which he was not concerned at all. He furtherstates that on 23.12.2022 all the family members had gathered in theiragricultural land at village Bhatangali to observe some rituals. Hisbrother Nitin joined them in the evening after coming back from thebank. He appeared to be under immense stress and also very scared ofsomething. After the meals, he and his father inquired with Nitin aboutreason for such mental stress and fear to which he replied that somefinancial fraud has occurred in the bank for which the InspectionCommittee had visited the Bank and although he was employed only asa peon, the applicants were alleging that he was responsible for thesaid fraud and used to harass him on that count. He stated that theywere trying to falsely implicate him in the said matter. Thereafter, on28.12.2022 while deceased Nitin had been to the bank, he and hisfather was constantly in touch with him over cellphone trying to consolhim and give courage to him. On the said date i.e. on 28.12.2022, sincehe did not return back till late in the evening, they tried calling him on 41147.2023APPLN.odthis cellphone, however, phone was switched off, and therefore, contactcould not be established with him. Thereafter, his cousin Santosh @Pappu Narsingh Balwad called his father on 29.12.2022 at around 6a.m. informing that Nitin had committed suicide by hanging himselffrom a tree in their agricultural land. He has alleged that his brothercommitted suicide due to harassment meted out by the presentapplicants by levelling false allegations of misappropriation of funds ofthe bank. 3.The postmortem report confirms the fact that deceasedNitin died due to hanging. Respondent No.2 started investigation in thematter by recording statements of respondent No.2, parents and widowof deceased Nitin. The family members have given their statementsunder Section 161 of the Cr.P.C., which are in lines with the allegationsmade in the FIR. Apart from this, statement of one Rohit Yerole, afriend of deceased Nitin is recorded. He states that on 28.12.2022, hewas consuming liquor along with deceased Nitin till 10 p.m. andthereafter they parted for going to their respective house. He states thatduring the course of conversation, deceased Nitin informed him aboutthe harassment meted out to him in relation to his work in the bank.However, his statement does not refer to the names of the applicants orany other persons working in the bank, who had allegedly harassed 51147.2023APPLN.odtNitin. Statement of one Maroti Shinde is also recorded. This MarotiShinde is Upsarpanch of village Bhatangali. He has stated that he hadcalled Nitin on 28.12.2022 asking him to deposit Gram Panchayat taxof Kandil Bar. Likewise statements of employees working in the bankare also recorded. One Laxmikant Pawar, who is working as Clerk in thebranch where deceased was employed states that on 27.12.2022, asurprise inspection was held in the branch. He has also stated about thenature of work of deceased Nitin. According to his statement, Nitin wasemployed as peon and his working was restricted to carry files,vouchers, etc. and serving water. He states that one Tushar Akkalkote, afriend of deceased informed him on 05.01.2023 that the presentapplicants had levelled allegations of misappropriation of bank fundsagainst deceased Nitin and had deliberately caused mental harassmentto him, as a consequence of which he committed suicide. The branchManager Jayant Kulkarni also speaks about the surprise visit on27.12.2022 and nature of duties of deceased Nitin as a peon. He statesthat, on 31.12.2022, the customers of the bank informed him that theapplicants were responsible for causing mental harassment to Nitinresulting in his suicide. The Branch Manager Mr. Jayant Kulkarni gave asupplementary statement on 06.03.2023, wherein he has stated that afew days before said statement (06.03.2023) Mr. Virendra Polawarinformed him that deceased Nitin had requested him to offer loan of 61147.2023APPLN.odtRs.2,00,000/- in November, 2022. He states that he has given a loan ofRs.2,00,000/- to deceased Nitin. Apart from this, statements of ChiefExecutive Officer and Deputy Chief Executive Officer of the bank arerecorded, who have confirmed that they had carried out surprise visitand inspection in the branch on 27.12.2022. 4.It will be pertinent to mention here that the suicide note isrecovered from the pocket of shirt of deceased Nitin while his body wasfound hanging from the tree. In the suicide note, he has stated that heis doing suicide due to harassment and mental stress by the presentapplicants/accused alleging that he was responsible for the financialirregularities in the branch. He has also stated that it was not possibleto him to make both ends meet in the meager salary paid to him by thebank. He states that regular increments are not given, dearnessallowance is not updated regularly and bonus is also not paid toemployees. It can be gathered that he was not happy with the thenBoard of Directors of the Bank and Chief Manager, Parlikar. 5.The prosecution agency has filed charge-sheet in thematter, vide charge-sheet No.66/2023 on 25.05.2023, pursuant towhich Regular Criminal Case No.886/2023 is registered against theapplicants, which is pending before the learned Chief JudicialMagistrate, Latur. 71147.2023APPLN.odt6.Shri Shailendra Gangakhedkar, learned Advocate for theapplicants states that the deceased was working as a peon. Thestatements of the witnesses clearly reflect on the nature of his duties.He states that, it is inconceivable that any allegation could be madeagainst him with respect to financial irregularities in the bank. Hefurther states that although the names of the applicants appeared in thesuicide note and the statements of family members as persons who hadmeted out harassment resulting in the deceased committing suicide, thecontents of the suicide note and statements of family members even ifassumed to be completely true and correct are not sufficient to makeout ingredients of Sections 306 and 107 of the IPC. He states that thematerial is grossly inadequate to attribute any mens rea to theapplicants for the offence of Sections 306 and 107 of IPC. He states thatthe contents of suicide note would also indicate that the deceased wasnot in a very good financial condition which also can be a cause for hiscommitting suicide. The contents of suicide note according to him findcorroboration with the supplementary statement of the BranchManager, who has stated that Shri Virendra Polawar had informed himthat deceased Nitin had taken loan of Rs.2,00,000/- in the month ofNovember, 2022. 81147.2023APPLN.odt7.As against this, Shri A.D. Wange, learned APP and ShriVenjane, learned Advocate for respondent No.2 submit that thecontents of suicide note, statements of family members as alsostatement of Rohit Yerole, a friend of deceased who was with him till10 p.m. on 28.12.2022 will demonstrate that deceased was underimmense stress on account of harassment by his colleague in the bank.He states that although Rohit Yerole does not name any personresponsible for the harassment, the suicide note and statements offamily members specifically refer to names of all the applicants, whowere responsible for the mental harassment meted out to the deceasedby trying to implicate him in the financial fraud that had occurred inthe bank. They would, therefore, state that this is not a fit case forquashing of prosecution under Section 482 of the Cr.P.C. and that theapplicants must be made to face trial in the facts of present case. Theystate that truth will come to fore only after full-fledged trial.8.The proposition that correctness or otherwise of theallegations cannot be assessed at this stage is undisputed. However, atthe same time, one needs to examine as to whether the undisputedmaterial on record makes an offence punishable under Section 306 ofIPC. The essential ingredients of the offence are that the accused mustactually instigate, urge or encourage the act of suicide by willfully 91147.2023APPLN.odtacting in a manner which may compel the deceased to commit ghastlyact of suicide. Mens rea is an essential element of the offence. It is heldby catena of decisions of the Hon’ble Supreme Court and this Court thatmere harassment meted out to the deceased is not sufficient to hold aperson guilty of the offence of abetment of suicide. There must be clearevidence in order to demonstrate active and direct action by theaccused that led to the deceased committing suicide.9.One also has to look at and understand psychology andunderstanding of the deceased since the act of committing suicide is anoutcome of mental stress of the deceased at the relevant time. From thematerial on record it appears that the deceased was an educated personhaving good knowledge of worldly affairs. The statements of familymembers indicate that they are running Bar and the deceased alsoparticipated in the said business. In as much as he was assigned theresponsibility of maintaining the accounts of the Bar. This shows that hewas an educated person having fair knowledge of accounting. It is alsoundisputed that he was working as a peon in the bank. Although thewitnesses whose statements are recorded under Section 161 of Cr.P.C.have stated that the scope of his work was merely carrying files,vouchers, documents, etc. from one desk to the other and serving wateretc. to employees and other persons in the bank. He was not assigned 101147.2023APPLN.odtany work relating to accounting or handling of cash in the bank. Insuch circumstances, it is difficult to believe that he would be driven tocommit suicide by his fellow employees who allegedly accused him offinancial irregularity in the bank.10.We may, however, notice that a suicide note is found on theperson of the deceased during the inquest panchnama. He has indeednamed all the five applicants as persons responsible for the drasticaction of suicide committed by him. He states that the applicantsaccused were attributing misappropriation of funds of the bank to him,which according to him was a completely false allegation. The contentsof the suicide note even if accepted to be true and correct, in ourconsidered view are insufficient to make out case of abetment tosuicide having regard to the nature of work of the deceased in the bankcoupled with the fact that he was a person having knowledge ofaccounting. He was a man of worldly affairs who was participating inthe business of running a Bar. We also noticed that he has simply statedin the suicide note that false allegation of financial irregularity waslevelled against him. However, the allegations fall short of suggestingany active or direct action on the part of the applicants accused whichmay amount to an act of goading, urging, inciting and encouraging actof suicide on the part of the deceased. The contents of suicide note and