VIJAY SAKHIJA Vs. STATE

JUDGEMENT

(1.) This is a petition seeking quashing of the order dated 2 nd April, 2007 directing framing of charge against the petitioners for offence punishable under Sections 306 IPC. Learned counsel for the Petitioners contends that in the FIR the only allegation against the Petitioners is that they abused the deceased Sanjay Srivastava. There is no proximity between the alleged accusations and cause of death. The accusations leveled do not lead to abetment of committing suicide. Merely abusing a person in front of other people cannot lead to an inference that he abetted suicide. This is a reaction of a person who is hyper sensitive, which will not fall within the ambit of offence under Section 306 IPC. Reliance is placed on M. Mohan vs. State, 2011 3 SCC 626, Madan Mohan Singh vs. State of Gujarat, 2010 4 RCR(Cri) 207, Sanju @ Sanjay Singh Sengar vs. State of Madhya Pradesh, 2002 AIR(SC) 1998.

(2.) The case of the prosecution in nut-shell is that the deceased Sanjay Srivastava was employed with Vijay Sukhija, in whose concern one Uttam Duggal was also working as Accountant. While Sanjay Srivastav was at his native place, a case was filed in the labour court wherein the name of Sanjay Srivastava figured as one of the workmen. When he returned from his home town he was summoned to the office and abused in filthy language by the Petitioners before a number of other persons. He was made to sign 42 blank papers and was intimidated of his instant death. Since he could not bear the said pressure and humility, Sanjay Srivastava committed suicide.

(3.) A suicide note was recovered on which the expert opinion has already been received wherein it is opined that the hand writing in the suicide note tallies with the admitted signatures and the hand writing of the deceased. The contents of the suicide note are as under:-