Person Can't Be Prosecuted For Abetment Of Suicide Merely Because Complainant Was Embarrassed About Being Beaten Up Publicly: Andhra Pradesh HC

Facts

The Petitioner is the sole accused in Crime No. 108 of 2020 under Sections 323,306 r/w 116 IPC.

According to the Prosecution the de facto complainant was collecting money (aaseelu) from vegetable vendors when the Petitioner questioned him about collecting at excessive rate. The complainant claimed that he was charging the rate fixed by the authorities. At this juncture, the Petitioner allegedly beat the de facto complainant in front of public and subsequently the de facto complainant consumed ant poison with an intention to commit suicide. He survived after hospitalisation and medical treatment.

An FIR under Sections 323, 306 r/w 116 IPC was registered at the concerned police station against the Petitioner, who approached the High Court by way of a Criminal petition to quash the FIR.

On behalf of the Petitioner, it was argued that since there is no allegation that the Petitioner instigated or abetted the de facto complainant to commit suicide, prosecution under Section 306 would not be maintainable and should be quashed.

Finding

After hearing both sides, the High Court observed that there was no allegation that the petitioner instigated the de facto complainant to commit suicide. The High Court opined that since none of the ingredients necessary for Section 306 IPC have been met, the registration of the FIR with respect to Section 306 r/w Section 116, IPC would be unsustainable.

The High Court further observed that merely because the de facto complainant felt embarrassed on being beaten in public and took a hasty decision to commit suicide, the Petitioner cannot be found fault with under Section 306.

"As can be seen from the facts of the case, prima facie there is absolutely no allegation that the petitioner has abetted the de facto complainant to commit suicide. It is well settled law that in order to constitute an offence punishable under Section 306 IPC, the necessary ingredients contemplated under Section 107 IPC regarding intentional instigation said to have been given by the petitioner to the de facto complainant to commit suicide or intentional aid said to have been given by the petitioner to him to commit suicide shall be established," the Court observed.

However, since the facts clearly indicate that the de facto complainant was beaten, the High Court quashed the FIR only with respect to Section 306 r/w 116 and held that the FIR with respect Section 323 would still hold good.

Case Title : Vegulla Leela Krishna v. State of Andhra Pradesh & Anr.

Citation: 2022 LiveLaw (AP) 15

Case Number : CRLP 6915 of 2021

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