Recently, a case of abetment to suicide has been quashed by the Punjab and Haryana high court where a principal named Ranjit Singh of senior secondary school located in Latala committed suicide in 2014.
The court observed there was no positive sign or action in regard to the case and on the part of the accused which let deceased to commit suicide.
The son of the deceased in the complaint said that his father told him that in relation to his extension, the clerk of the school named Parminder kaur and her husband in collusion with the principal at Government senior secondary school, Kalakh named Gurmail singh wanted to get him transferred so that Gurmail singh can come in as principal in Latala school.
So, to accomplish this goal they were harassing and threatening his father which led to his death.
His son said that they tortured him so badly that because of this mental pressure his father got stressed and this disturbance in his life compelled him to commit suicide. Justice Aman Chaudhary said that the allegations are nowhere seems to be true. They are very vague and no proper evidence has been found which can attract the police to put on his belts and start investigating.
No provocation, incitement, instigation, goading has been found under section 107 of Indian penal code, 1860, which says that “A person abets the doing of a thing, who:
Instigates any person to do that thing; or 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 place in pursuance of that conspiracy, and in order to the doing of that thing; or
Intentionally aids, by any act or illegal omission, the doing of that thing). For the offence to come under the abetment which is an essential part to bring the offence under section 306 of Indian penal code, 1860.
The court also observed that whatever has been said by the son of the deceased is reluctant and does not reflect mens rea or guilty mind because an educated person without weighing the pros and cons can end his life.
The court observed that the allegations made in FIR don’t constitute the offence for which the cognizance has been taken.
Written by- Jyoti student of BA.LLB (2nd semester) at Army Institute of Law, Mohali, an intern under Legal Vidhiya
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