STATE OF WEST BENGAL versus INDRAJIT KUNDU & ORS.

Citation: [2019] 13 S.C.R. 489 · Decided: 18-10-2019 · Supreme Court of India · Bench: INDU MALHOTRA · Disposal: Dismissed

Cited by 2 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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STATE OF WEST BENGAL
v.
INDRAJIT KUNDU & ORS.
(Criminal Appeal No. 2181 of 2009)
OCTOBER 18, 2019
[INDU MALHOTRA AND R. SUBHASH REDDY, JJ.]
Penal Code, 1860 – s.306 r/w s.34 – Abetment of suicide –
When not – Victim, daughter of the de-facto complainant was painter
and artist – To improve her proficiency in English, first respondent
was appointed as her English teacher – Respondent nos.2 & 3 are
parents of the first respondent – Intimacy developed between the
victim and the first respondent – Allegation of the complainant that
as the victim and first respondent had decided to marry, the victim
had gone to the house of first respondent on 05.03.04 to finalise
the proposal of marriage – Allegedly when she went to his house,
respondent nos.2 & 3 came out and shouted, addressing the victim
as call-girl – On 06.03.04, the victim committed suicide – Charge-
sheet filed against respondent nos.1-3 – Respondents filed
application for discharge – Rejected – Thereafter, respondents filed
application u/s.482, Cr.P.C. – High Court directed the respondents
to raise all the points before the Trial Court – At the stage of framing
of charges respondents raised objections claiming no case is made
out against them to frame any charges – Additional District &
Sessions Judge overruled the objections observing that as there is
probability of accused being convicted, charges can be framed –
High Court allowed the application filed by the respondents – On
appeal, held: Respondents are sought to be proceeded for charges
u/ss.306/34, mainly relying on the suicide letters written by the
deceased girl and the statements recorded during the investigation
–Even according to the case of the de-facto complainant, respondent
nos.2 & 3, parents of the first respondent shouted at the deceased
girl calling her a call-girl – Such material is not sufficient to proceed
with the trial by framing charge of offence u/ss.306/34 – Instant
case does not present any picture of abetment allegedly committed
by respondents – Suicide committed by the victim cannot be said to
be the result of any action on part of the respondents nor can it be
   [2019] 13 S.C.R. 489
489
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SUPREME COURT REPORTS
[2019] 13 S.C.R.
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]
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491
Soma Chakravarty v. State (2007) 5 SCC 403 : [2007]
6 SCR 324 ; 

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