LexCHITRESH KUMAR CHOPRA versus STATE (GOVT. OF NCT OF DELHI)
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[2009] 13 (ADDL.) S.C.R. 230 A CHITRESH KUMAR CHOPRA v. STATE (GOVT. OF NCT OF DELHI) (Criminal Appeal No. 1473 of 2009) B AUGUST 10, 2009 [D.K. JAIN AND H.L. DATTU, JJ.] -i Code of Criminal Procedure, 1973 - Ss. 3971401 and 482 - Prosecution u/s. 306 read with 34 /PC - Trial court c framing charges - In revision, High Court not interfering with ,.__ the order - On appeal, held: Trial court rightly drew an inference thf)t the accused had instigated the deceased to commit suicide - There was ground for presuming that the accused had committed the offence - Scope of revisional )-- D powers being limited, High Court justified in not interfering with the order. Penal Code, 1860: - s. 306 and 107 - Abetment of suicide - What constitutes E the offence - Discussed. s. 107 - Parameters of abetment - Discussed )--- Words and Phrases - 'Instigate' - Meaning of, in the ;.- F context of ss. 306 and 107 /PC. ). App~llant-accused alongwith two accused was prosecuted u/s. 306 r/w s. 34 IPC. The three accused an~ the deceased were the business partners. Some dispute, regarding sharing of profits arose between them. It was G alleged that the accused mentally harassed and pressurised the deceased, as a result whereof, the -t deceased committed suicide. Deceased had left behind a suicide note. Trial court framed the charges. Appellant- accused preferred Revision. High Court declined to H 230 CHITRESH KUMAR CHOPRA v. STATE (GOVT. OF 231 NCT OF DELHI) interfere with the framing of charge. Hence the present A appeal. Dismissing the appeal, the Court HELD: 1. To constitute an offence u/s 306 IPC, the 8 prosecution has to establish: (i) that a person committed suicide, and (ii) that such suicide was abetted by the accused. Thus, an offence u/s 306 would stand only if there is an "abetment" for the commission of the crime. [Para 11] [238-F-G] c 2. As per Section 107 IPC a person can be said to have abetted in doing a thing, if he, firstly, instigates any , person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes D place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the doing of that thing. Explanation to Section 107 states that any wilful misrepresentation or wilful concealment of material fact E which he is bound to disclose, may also come within the contours of "abetment". It is manifest that under all the three situations, direct involvement of the person or persons concerned in the commission of offence of suicide is essential to bring home the offence u/s 306 IPC. F [Paras 12] [239-D-F] 3. The word "instigate" is not defined in the IPC. instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of "instigation", though it is not necessary that actual words G must be used to that effect or what constitutes "instigation" must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. Where the accused had, by his acts or H 232 SUPREME COURT REPORTS [2009] 13 (ADDL.) S.C.R. A omission or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, in which case, an "instigation" may have to be inferred. A word uttered in a fit of anger or emotion without intending the B consequences to actually folloW', cannot be said ·to be instigation. [Paras 14 and 15] [239-H; 240-A-D] Ramesh Kumar vs. State of Chhattisgarh 2001 (9) SCC 618, relied on. c Concise Oxford English Dictionary; Oxford Advanced Learner's Dictionary, 7th Edition, referred to. 4. In order to prove that the accused abetted commission of suicide by a pe·rson, it has to be D established that: (i) the accused kept on Irritating or annoying the deceased by words, deeds or wilful ~ omission or conduct which may even be a wilful silence until the deceased reacted or pushed or forced the deceased by his deeds, words or wilful omission or E conduct to make the deceased move forward more quickly in a forward direction; and (ii) that the accused had the intention to provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above. Undoub
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