CYRIAC DEVASSIA Vs. SUB INSPECTOR OF POLICE KADUTHURUTHY

JUDGEMENT

(1.) Can a person be said to have abetted another person to commit suicide under Section 306 of Indian Penal Code (IPC, for short) by merely telling the other in public, "why can't you go and die etc." What is meant by 'abetment' What is 'instigation' What is the scope of such expressions in Sections 306 and 107 IPC My endeavour in this case will be to decide these questions in the factual back ground of this case.

(2.) Petitioners seek to quash proceedings initiated against them by a Judicial First Class Magistrate's Court in so far as charge under Section 306 IPC is concerned. He is charge sheeted for other offence also. According to prosecution, deceased Joseph owed Rs. 200/- to one of the accused/petitioners, on account of purchase of certain articles from his bakery. He did not pay back the money and hence on the date of occurrence, accused/petitioners called deceased Joseph to the bakery of accused, wrongfully restrained him and abused him in public. Second accused also beat him on his face. Petitioners allegedly acted in furtherance of a common intention.

(3.) Deceased Joseph felt insulted and on reaching his house he divulged his embarrassment to his wife. On the same night, deceased Joseph consumed poison from his house and in the course of treatment in the Medical College Hospital, Kottayam, he died. According to prosecution, it was because of the words uttered by first accused to deceased Joseph and the manner in which the deceased was dealt with by the petitioners in public that the deceased committed suicide on the same day. The words allegedly uttered by first accused from his bakery verandah to deceased Joseph are to the effect as to why the deceased was walking around as if he was a big person, if he did not have even Rs. 200/- and as to why he was remaining as a burden to the earth. He was also asked, 'why can't you go and die -.