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"Reportable"
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1291 OF 2008
Madan Mohan Singh ... Appellant
Versus
State of Gujarat & Anr. ... Respondents
WITH
CRLMP NO. 12749 OF 2008
JUDGMENT
V.S. SIRPURKAR, J.
1. The accused who faces prosecution for offences under Section
306 and 294(b) of the Indian Penal Code (IPC) comes up before us
being aggrieved by the High Court judgment by which his petition
under Section 482 Cr.P.C. was dismissed. In that petition the
accused/appellant had challenged the First Information Report (FIR)
registered as C.R. No. 166 of 2008 at Naranpura Police Station.
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2. The said FIR is a long document which has been filed by one
Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent
from the said report that she was married to Deepakbhai Krishnalal
Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver
in the Microwave Project Department. He had undergone a heart
bypass surgery in the year 2002 and he was asked by the doctor to
avoid lifting heavy weights. She further stated that the appellant,
Madan Mohan Singh was working as a D.E.T. and her husband who
was driving a Tata Sumo car was working under Madan Mohan Singh
(accused herein). She then complained that Madan Mohan Singh
used to tell his private errands to her husband and was harassing
him. Though Madan Mohan Singh was transferred, yet he kept on
continuously using her husband. In the year 2007, Madam Mohan
Singh came back on transfer in the Microwave Project as D.E.T. It is
alleged that on the day when Madan Mohan Singh joined, he told her
husband to keep the keys of the vehicle on the table. However,
according to her, her husband did not listen to that and took back the
key on account of which Madan Mohan Singh had become angry and
had threatened her husband of suspending him. He also rebuked her
husband that if he did not listen to him, he would create difficulties for
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her husband. Madan Mohan Singh said to her husband as how he is
still alive inspite of the insults. It is then contended that on 21.2.2008,
her husband left at 10'O Clock as per rules with tiffin but did not
return back in the evening and, therefore, his search was taken by his
son Jatin from his colleagues like Raji Saheb and his absence was
reported to the police on 22.2.2008 and 23.2.2008. Ultimately, she
came to know that her husband's body was lying in the dead
condition in the vehicle No. GJ 1 G 3472 at Kiran Park opposite
Gayatri Hospital, New Vadaj. She also suggested further that a
telephone call had come from Gujarat High Court informing her that
there was a Xerox copy of the suicide note. Lastly, it is stated that
during the period between 2003 to 21.2.2008 the Head of the
department D.E.T. Project was entrusting his house work to her
husband but her husband had not done the work entrusted to him
and, therefore, he had bias against her husband and insulted him in
front of the staff several times and because of this her husband got
depressed and committed suicide.
3. This First Information Report was filed and registered on
17.3.2008 i.e. after the 24 days of the death of her husband. It is this
report which is challenged suggesting that even if the whole report is
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accepted as it is, it did not disclose any offence much less the
offences under Sections 306 and 294, IPC. Since, the Gujarat High
Court did not agree and dismissed the petition; the appellant is before
us now.
4. Shri K.T.S. Tulsi, learned Senior Advocate took us through the
FIR in which there is reference to a suicide note allegedly written by
the deceased, a Xerox copy of which was produced by the
complainant. The copy of that suicide note was filed before us. It
seems to be a letter dated 4.2.2008 written to the Chief General
Manager, Telecom Project. It is a huge complaint in which the
incident dated 15.10.2007 was mentioned when allegedly the
appellant asked the driver to keep the keys of the vehicle on the table
and not to take away them. There is also a complaint against the
working style of the Madan Mohan Singh by the driver. There is one
significant sentence I was put under mental tension by M.M. Singh.
Without any concrete proof and evidence I was put under insulting
position due to which I began to feel resentment and insult and I
came under depression.
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5. The further complaint in that so-called suicide note appears to
be that the driver was not given a fixed vehicle though all the drivers
were given fixed vehicles to drive. There is also a complaint against
one Raghunathan suggesting that he misled the DGM and had given
him a very bad vehicle to drive. By way of example, it was pointed
out that the keys of the vehicle were taken in the absence of
Incharge, M.K. Sovangya without giving any reasons verbally. Then
he was not given any charge of the vehicle and running log book.
Thirdly, he was sent the transfer order by post. The attendance of
the office staff was not maintained and he was transferred and the
vehicle was given to a regular labour. There is also a complaint
about the salary of 15 days which was deducted by Madan Mohan
Singh. A fair inquiry was sought for by the said driver. It was
suggested that his retirement date was 25.12.2012 and salary should
be recovered from Madan Mohan Singh as he had harassed him
without giving any concrete reason. It is then suggested in the
followings words:
I am going to commit suicide due to his functioning
style. Alone M.M. Singh, D.E.T. Microwave Project is
responsible for my death. I pray humbly to the
officers of the department that you should not
cooperate as human being to defend M.M. Singh.
M.M. Singh has acted in breach of discipline
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disregarding the norms of discipline. I humbly
request the Enquiry Officer that my wife and son may
not be harassed. My life has been ruined by M.M.
Singh."
6. This huge note is addressed to inquiry officer, Chief General
Manager and also to the Chief Justice. The biggest complaint against
the accused is that he had changed the duty of this driver from one
car to another though no other driver was ever transferred. Again
and again, the deceased has insisted that the only person
responsible for his suicide was Madan Mohan Singh.
7. We have gone through the suicide note though it is not yet on
record. Shri Tulsi pointed out that even if this suicide note is
accepted as it is, along with the FIR, no ingredients of Sections 306
and 294 (b), IPC could be spelt out from the same. We have gone
through the whole FIR as well as the so-called suicide note which
seems to have been signed on 4.2.2008 wherein he had complained
about the stale incidents dated 15.10.2007 to 19.10.2007. It seems
that it is 17 days after that, that he was found dead 23.2.2008. It is
claimed by his wife Harshida Ben that she got a call from the Gujarat
High Court informing her that a suicide note was found and that she
should search for such note in her house subsequent to which she
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claimed to have found the suicide note bearing the signature of the
deceased, thus bringing the origin of alleged suicide note under the
cloud of suspicion.
8. It is on this that Shri Tulsi contended that all this is absolutely
absurd. If a person writes a suicide note on 4.2.2008, he had no
business to send the suicide note to High Court and keep a copy
thereof in the house. Learned Senior Counsel said that even if all this
is accepted as it is, there is nothing to suggest that the appellant has
committed any offence or that any offence could be spelt out from the
said suicide note or the FIR much less offence under Sections 306
and 294, IPC. We are convinced that there is absolutely nothing in
this suicide note or the FIR which would even distantly be viewed as
an offence much less under Section 306, IPC. We could not find
anything in the FIR or in the so-called suicide note which could be
suggested as abetment to commit suicide. In such matters there
must be an allegation that the accused had instigated the deceased
to commit suicide or secondly, had engaged with some other person
in a conspiracy and lastly, that the accused had in any way aided any
act or illegal omission to bring about the suicide. In spite of our best
efforts and microscopic examination of the suicide note and the FIR,
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all that we find is that the suicide note is a rhetoric document in the
nature of a departmental complaint. It also suggests some mental
imbalance on the part of the deceased which he himself describes as
depression. In the so-called suicide note, it cannot be said that the
accused ever intended that the driver under him should commit
suicide or should end his life and did anything in that behalf. Even if it
is accepted that the accused changed the duty of the driver or that
the accused asked him not to take the keys of the car and to keep the
keys of the car in the office itself, it does not mean that the accused
intended or knew that the driver should commit suicide because of
this. In order to bring out an offence under Section 306, IPC specific
abetment as contemplated by Section 107, IPC on the part of the
accused with an intention to bring out the suicide of the concerned
person as a result of that abetment is required. The intention of the
accused to aid or to instigate or to abet the deceased to commit
suicide is a must for this particular offence under Section 306, IPC.
We are of the clear opinion that there is no question of there being
any material for offence under Section 306, IPC either in the FIR or in
the so-called suicide note.
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9. It is absurd to even think that a superior officer like the
appellant would intend to bring about suicide of his driver and,
therefore, abet the offence. In fact, there is no nexus between the so
called suicide (if at all it is one for which also there is no material on
record) and any of the alleged acts on the part of the appellant.
There is no proximity either. In the prosecution under Section 306,
IPC, much more material is required. The Courts have to be
extremely careful as the main person is not available for cross-
examination by the appellant/accused. Unless, therefore, there is
specific allegation and material of definite nature (not imaginary or
inferential one), it would be hazardous to ask the appellant/accused
to face the trial. A criminal trial is not exactly a pleasant experience.
The person like the appellant in present case who is serving in a
responsible post would certainly suffer great prejudice, were he to
face prosecution on absurd allegations of irrelevant nature. In the
similar circumstances, as reported in Netai Dutta Vs. State of W.B.
[2005 (2) SCC 659], this Court had quashed the proceedings initiated
against the accused.
10. As regards the suicide note, which is a document of about 15
pages, all that we can say is that it is an anguish expressed by the
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driver who felt that his boss (the accused) had wronged him. The
suicide note and the FIR do not impress us at all. They cannot be
depicted as expressing anything intentional on the part of the
accused that the deceased might commit suicide. If the prosecutions
are allowed to continue on such basis, it will be difficult for every
superior officer even to work.
11. It was tried to be contended by the learned counsel appearing
on behalf of the complainant that at this stage, we should not go into
the merits of the FIR or the said suicide note. It is trite law now that
where there is some material alleged in the FIR, then such FIR and
the ensuing proceedings should not be quashed under Section 482
Cr.P.C. It is for this reason that we very closely examined the FIR to
see whether it amounts to a proper complaint for the offence under
Sections 306 and 294(b) IPC. Insofar as Section 294(b) IPC is
concerned, we could not find a single word in the FIR or even in the
so-called suicide note. Insofar as Section 306 IPC is concerned,
even at the cost of repetition, we may say that merely because a
person had a grudge against his superior officer and committed
suicide on account of that grudge, even honestly feeling that he was
wronged, it would still not be a proper allegation for basing the charge
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under Section 306 IPC. It will still fall short of a proper allegation. It
would have to be objectively seen whether the allegations made
could reasonably be viewed as proper allegations against the
appellant/accused to the effect that he had intended or engineered
the suicide of the concerned person by his acts, words etc. When we
put the present FIR on this test, it falls short. We have already
explained that the baseless and irrelevant allegations could not be
used as a basis for prosecution for a serious offence under Section
306 IPC. Similarly, we have already considered Section 294 (b) IPC
also. We have not been able to find anything. Under such
circumstances, where the FIR itself does not have any material or is
not capable of being viewed as having material for offence under
Sections 306 and 294(b) IPC, as per the law laid down by this Court
in State of Haryana & Ors. Vs. Bhajan Lal & Ors. [1992 Suppl. 1
SCC 335], it would be only proper to quash the FIR and the further
proceedings.
12. For all these reasons, we are of the clear opinion that the High
Court erred in not quashing the proceedings. Allowing this appeal,
we set aside the order of the High Court and allowing the petition
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under Section 482 Cr.P.C. filed by the appellant/accused, the
questioned proceedings are quashed.
............................J.
[V.S. Sirpurkar]
.............................J.
[Cyriac Joseph]
New Delhi;
August 17, 2010
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