V.P.SINGH ETC. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The criminal justice system of ours can itself be a punishment! It is exactly what has happened in this case. 14 years on an issue of abetment of suicide in an episode where a student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide. An unfortunate situation! However, we are concerned with the issue whether there is any element of an abetment to suicide in the present case which was at the threshold of charges having been framed.

(2.) On 16/4/2008, the deceased viz. Mr. Gaurav Wahi was attending the last lecture under Mr. Nitin Shyam, one of the accused, and is alleged to have misbehaved with him in the class under the influence of alcohol. When Mr. Shyam asked Mr. Gaurav to leave the class, he ran out of the class. This incident was reported by Mr. Nitin Shyam to Mr. Sarabjit Singh, the acting Head of the Department. The incident was reported in writing by Mr. Nitin Shyam on the next date i.e. 17/4/2008 to the then Head of the Department. An order was passed suspending the deceased from the class and calling upon him to call his parents as an exercise of legitimate disciplinary action.

(3.) To redeem himself, Mr. Gaurav Wahi, the deceased wrote a letter of apology to the Head of the Department on 21/4/2008 in a way accepting the incident but denying that he was under the influence of alcohol. On 23/4/2008, the Principal, Mr. V. P. Singh issued a notice whereby he directed action against two students including the deceased in separate incidents calling for a security amount of Rs.10,000.00 to be deposited with the College as security deposit as a disciplinary exercise and to bring the parents to the office. This deposit was to be refunded at the end of completion of course.