KANCHAN SHARMA versus STATE OF UTTAR PRADESH & ANR.

Citation: [2021] 6 S.C.R. 194 · Decided: 17-09-2021 · Supreme Court of India · Bench: R. SUBHASH REDDY · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 6 S.C.R.
KANCHAN SHARMA
v.
STATE OF UTTAR PRADESH & ANR.
(Criminal Appeal No. 1022 of 2021)
SEPTEMBER 17, 2021
[R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.]
Penal Code, 1860 – s.306 – Deceased (brother of
complainant) went to the house of appellant and consumed poison
by taking out from a small bottle which he carried in his pocket –
Proceedings against appellant u/s.306, IPC and 3(2)(v) of the SC
and ST Act – High Court rejected application of appellant u/s.482,
CrPC – On appeal, held: Merely because deceased consumed
poison in front of the house of the appellant, that itself will not
indicate any relation of the appellant with the deceased – Absolutely
no material to allege that appellant abetted for suicide of the
deceased within meaning of s.306, IPC – Even with regard to
offence alleged u/s.3(2)(v) of the SC and ST Act, except vague and
bald statement that appellant and other family members abused
deceased by uttering casteist words, nothing on record to attract
any of the ingredients for the alleged offence – Earlier, appellant
and her father had gone to police station and complained against
deceased as he was continuously calling appellant and proposing
that she should marry him with a threat that he will die otherwise
– Having regard to same and in absence of any material within
the meaning of s.107 IPC, there is absolutely no basis to proceed
against the appellant u/s.306 IPC and s.3(2)(v) of the SC and ST
Act – It would be travesty of justice to compel the appellant to face
criminal trial without any credible material whatsoever – High
Court erred in rejecting application of appellant u/s.482, CrPC –
Cognizance order/NBW as well as proceedings u/s.306, IPC and
3(2)(v) of the SC and ST Act against the appellant, set aside –
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 – s.3(2)(v) – Code of Criminal Procedure, 1973
– s.482.
Penal Code, 1860 – s.306 – Abetment of suicide – Without
positive act on the part of the accused to instigate or aid in
   [2021] 6 S.C.R. 194
194
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committing suicide, no one can be convicted for offence u/s.306 –
To proceed against any person for the offence u/s.306 it requires
an active act or direct act which led the deceased to commit suicide,
seeing no option and that act must have been intended to push
the deceased into such a position that he committed suicide.
Code of Criminal Procedure, 1973 – s.482 – High Court, on
facts, erred in rejecting application filed by appellant u/s.482,
CrPC by merely recording a finding that in view of the factual
disputes, same cannot be decided in a petition u/s.482, CrPC –
Cognizance order/NBW as well as proceedings u/s.306, IPC and
3(2)(v) of the SC and ST Act against the appellant, set aside –
Penal Code, 1860 – s.306 – Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v).
Words and Phrases – Abetment – Meaning of – Held:
‘Abetment’ involves mental process of instigating a person or
intentionally aiding a person in doing of a thing.
Allowing the appeal, the Court
HELD:1. Except the self-serving statements of the
complainant and other witnesses stating that deceased was in
love with the appellant, there is no other material to show that
appellant was maintaining any relation with the deceased.  From
the material placed on record it is clear that on the date of
incident, the deceased went to the house of the appellant and
consumed poison by taking out from a small bottle which he has
carried in his pocket.  Merely because he consumed poison in
front of the house of the appellant, that itself will not indicate
any relation of the appellant with the deceased.  ‘Abetment’
involves mental process of instigating a person or intentionally
aiding a person in doing of a thing.  Without positive act on the
part of the accused to instigate or aid in committing suicide, no
one can be convicted for offence under Section 306, IPC.  To
proceed against any person for the offence under Section 306
IPC it requires an active act or direct act which led the deceased
to commit suicide, seeing no option and that act must have been
intended to push the deceased into such a position that he
committed suicide.  There is nothing on record to show that
appellant was maintaining relation with the deceased and further
there is absolutely no material to allege that appellant abetted
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.
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