"Name Mentioned In Suicide Note Must Be Probed With All The Seriousness": Punjab & Haryana High Court

The Punjab and Haryana High Court has recently observed that if the person dying by suicide names some other person being responsible to force him/her to take the extreme step, his/her such statement is required to be taken up with all the seriousness.

The Bench of Justice H. S. Madaan further observed:

"Why should a person leaving this mortal world by ending his life himself would blame an innocent person holding him responsible for his death, is difficult to understand."

The matter in brief

The Bench was hearing an Anticipatory Bail plea in connection with an FIR No.260 under Sections 306/34 IPC (Section 506 IPC added later on). As per the prosecution case, one Joravar died by suicide in June 2020 leaving behind a suicide note in which he had blamed the present petitioner Sudha @ Babli and her husband Yaspal for driving him to commit suicide.

On the matter being reported to the police by the son of the deceased, a formal FIR was recorded alleging that on account of the acts of the petitioner, the deceased was compelled to end his life by committing suicide.

In the suicide noted, it had been mentioned that the petitioner/accused had contacted him (deceased) in the year 2018 and asked him to lend money for the purpose of construction of her house and he, after selling the crops gave a cash amount of Rs.11,50,000/- to her.

Further, it was stated therein that when he (deceased) asked Sudha and her husband to return the money, they put off the matter and ultimately threatened him and once, when he had gone to their house, then Sudha had caught him by the collar of his shirt threatening that she would get him killed.

Court's observations

At the outset, the Court noted that for a human being, his/her life is a very precious thing and that human beings are in awe of death and want to lead a long life and that people are fearful of death.

"The desire to live more by even old people is there. It is under very compelling circumstances that one ends his own life and while doing so, if the person committing suicide named some other person being responsible to force him to take the extreme step, his such statement is required to be taken up with all the seriousness," the Court further remarked.

Further, noting that Pre arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine, the Court said that in the instant case, the custodial interrogation of the petitioner was necessary for complete and effective investigation so as to find out as to how and under what circumstances she had abetted the suicide of the deceased.

"In case custodial interrogation of the petitioners is denied to the investigating agency that would leave many loose ends and gaps in the investigation affecting the investigation being carried out adversely, which is not called for," the Court further added.

Therefore, in such facts and circumstances of the case, the Court dismissed the plea accordingly.

Case title - Sudha @ Babli v. State of Haryana

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