Section 306 IPC | Instigation & Incitement Specifically Directed Towards The Deceased Must Be Established: Telangana HC
The Telangana High Court observed that, to attract offence of abetment to suicide under Section 306 of the Indian Penal Code (IPC), there must be clear and unequivocal evidence establishing instigation or incitement by accused specifically directed towards the deceased who committed suicide.
The Court, while quashing the criminal proceedings against an 'ex boyfriend', emphasized that nothing on record suggested that the extreme step of suicide adopted by the deceased was a consequence of his deliberate actions.
“To attract offence under Section 306 of IPC, there should be instigation and incitement to commit the act of suicide. The said acts may be specifically directed against the person committing suicide or creating such circumstances whereby person committing suicide is forced to take such extreme step”, the Bench of Justice K. Surender observed.
Advocate Kiran Palakurthi appeared for the Petitioners.
Per the prosecution’s case, the Petitioner had an affair and was in love with one Mounika. Their parents refused their wedding as they belonged to different castes. Accused no 1 was aware of the said affair and wanted to break their affair. Accused no 1 took advantage of the breakup and became friendly with Mounika as they belonged to the same Brahmin caste. Accused no 1 had a physical relationship with the deceased Mounika. Meanwhile, the Petitioner’s parents performed the marriage of the petitioner with another girl.
Unable to bear the situation, the deceased Mounika committed suicide by leaving a suicide note. The Police filed a chargesheet against four individuals. A Criminal Petition was filed seeking to quash the proceedings against Petitioner/Accused no 2 for offences punishable under Section 306 of the Indian Penal Code, 1860 (IPC).
The Court noted that the suicide note left by the deceased did not specifically make any allegations against the Petitioner. However, the Bench observed that the Suicide note specifically stated that Accused no 1 was a sadist and fraud. The Court further noted that the deceased loved the Petitioner more than her life as in the suicide note she used his last name and the main reason for committing suicide was blackmailing by Accused no 1.
“However, she stated that she loved this petitioner more than her life and at the end she has written as ‘Mounika Nagarjuna’. Nagarjuna is the name of this petitioner. It shows that there was no grievance against this petitioner at any point of time and she wanted the petitioner’s name to be part of her name. The suicide note specifically states that A1 entered into her life saying bad things about this petitioner. She loved this petitioner more than her life and the main reason for committing suicide is blackmailing by A1”, the Bench noted.
Furthermore, the Court observed that Section 306 of the Indian Penal Code (IPC) deals with the offense of abetment to suicide. To establish this offense, there must be clear evidence of instigation or incitement directed towards the person who committed suicide. This incitement can be either direct or indirect, and it can create circumstances that compel the person to take their own life, the Bench added.
Accordingly, the Court allowed the Petition and quashed the proceedings.
Cause Title: Katakam Nagarjuna @ Nani v Parimi Chiranjeevi and another
