LexV. P. SINGH ETC versus THE STATE OF PUNJAB & ORS.
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A B C D E F G H 847 [2022] 8 S.C.R. 847 847 V. P. SINGH ETC. v. THE STATE OF PUNJAB & ORS. (Criminal Appeal No.2103/2010) NOVEMBER 24, 2022 [SANJAY KISHAN KAUL AND ABHAY S. OKA, JJ.] Penal Code, 1860: s. 306 – Abetment of suicide – Commission of suicide by the student after he was reprimanded for the misconduct in the College – He was suspended and asked to call for his parents as an exercise of legitimate disciplinary action; and was also issued notice and was asked to deposit security amount of Rs. 10,000/- – However, instead of complying with the disciplinary action, student took his own life by jumping into the canal – Before doing so, he sent an SMS to his brother stating that he love his parents and does not want to trouble them – Registration of FIR against the appellants- teacher, Head of the Department and the principal – Charges framed u/s 306 – Revision petition thereagainst by the appellants, dismissed by the High Court – On appeal, held: There was no independent witness to the actual incident – No case made out for abetment of suicide – Absence of necessary ingredients to make an offence – Disciplinary action is necessary for running the institute and contra position would create lawless and unmanageable situation in an educational institute – Further, the suicide note shows the deceased thought that his father could be blamed for the episode and thus asked to not to trouble his father – Anguish of the father ought not to have been converted into a case of abetment of suicide – Investigation and the approach of the trial court could have been more realistic keeping in mind the facts and circumstances of the case – Thus, orderframing the charges set aside. S. S. Chheena Vs. Vijay Kumar Mahajan and Anr. (2010) 12 SCC 190 : [2010] 9 SCR 1111; Sanju Alias Sanjay Singh Sengar Vs. State of M.P. 2002 (5) SCC 371 : [2002] 3 SCR 668 : [2002] 3 SCR 668; State of West Bengal Vs. Indrajit Kundu and Ors.” 2019 (10) SCC 188 : [2019] 13 SCR 489; Ramesh Kumar Vs. A B C D E F G H 848 SUPREME COURT REPORTS [2022] 8 S.C.R. State of Chhattisgarh (2001) 9 SCC 618 : [2001] 4 Suppl. SCR 247 – referred to. Case Law Reference [2010] 9 SCR 1111 referred to Para 12 [2002] 3 SCR 668 referred to Para 13 [2019] 13 SCR 489 referred to Para 14 [2001] 4 Suppl. SCR 247 referred to Para 14 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.2103 of 2010. From the Judgment and Order dated 30.04.2009 of the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No.1079/ 2009 (O&M). With Crl. A. Nos.2104 And 2105 of 2010. P. S. Patwalia, Sr. Adv., Sudarshan Rajan, Mahesh Kumar, Hitain Bajaj, Rohit Bhardwaj, Saksham Maheshwari, Jagjit Singh Chhabra, Manoj Rajpoot, Advs. for the Appellants. Ms. Rooh-E-Hina Dua, Harshit K., Prem Malhotra, Advs. for the Respondents. Petitioner-in-person Respondent-in-person The Order of the Court was passed by SANJAY KISHAN KAUL, J. The criminal justice system of ours can itself be a punishment! It is exactly what has happened in this case. 14 years on an issue of abetment of suicide in an episode where a student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide. An unfortunate situation! However, we are concerned with the issue whether there is any element of an abetment to suicide in the present case which was at the threshold of charges having been framed. A B C D E F G H 849 On 16.4.2008, the deceased viz. Mr. Gaurav Wahi was attending the last lecture under Mr. Nitin Shyam, one of the accused, and is alleged to have misbehaved with him in the class under the influence of alcohol. When Mr. Shyam asked Mr. Gaurav to leave the class, he ran out of the class. This incident was reported by Mr. Nitin Shyam to Mr. Sarabjit Singh, the acting Head of the Department. The incident was reported in writing by Mr. Nitin Shyam on the next date i.e. 17.4.2008 to the then Head of the Department. An order was passed suspending the deceased from the class and calling upon him to call his parents as an exercise of legitimate disciplinary action. To redeem himself, Mr. Gaurav Wahi, the deceased wrote a letter of apology to the Head of the Department on 21.4.2008 in a way accepting the incident but denying that he was under the influence of alcohol. On 23.4.2008, the Principal, Mr. V. P. Singh issued a notice whereby he directed action against two students including the dece
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