RAJ SHEKHAR PALIWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought challenging the order framing charge against the applicants. The facts of the case are these that deceased Samiksha Shastri aged about 17 years was a student of class 11th in D.A.V. School Nandini Mines, District- Durg. She committed suicide on 20.02.2018. After lodging morgue intimation, a suicide note was seized by the police in which she has complained about being harassed by these applicants, who used to scold her for any reason and she held these applicants responsible for her suicide. Subsequent to inquest procedure, the F.I.R. has been lodged, the case has been investigated and charge-sheet has been filed against the applicants. The learned trial Court has framed charges against the applicants for commission of offence under Section 306 read with Section 34 of I.P.C.

(2.) It is submitted by the learned counsel for the applicants that there is no prima-facie case present against the applicants for framing of charge under Section 306 of I.P.C. It is further submitted that the suicide note left by the deceased although mentions about her complaint that the applicants had been overtstrict and left no occasion to catch her and scold her because of which she was depressed. The applicants are in teaching job, therefore, it is their duty to keep students in discipline and they have no intention other than that. The deceased was herself depressed and therefore, she has committed suicide. The suicide letter itself does not mention that applicant had in any manner abetted her to commit suicide. Similarly, the statement of Karamvir Shastri, the father of deceased shows that his daughter was being scolded by the applicants in teaching hours and then she was insulted publicly. Although there is no description of the insult, he has himself mention that his daughter did not appear in the physical training practical examination and on her subsequent appearance she was scolded by her teacher, the applicant No.2, because of which the deceased had become very upset.

(3.) On perusal of this statement itself, it would appear that the deceased was not herself a disciplined girl because of which she was taken to task by the applicants. It may be a case that the applicants were overstrict but there activities cannot be regarded as an act of abetment. There had been no mens-rea on the part of the applicants.