STATE OF GUJARAT Vs. PRADYUMAN RAMANLAL MEHTA

JUDGEMENT

(1.) The State has appealed against the judgment and order dated 26-10-1997 of the learned Additional Sessions Judge, Mehsana, acquitting the respondent for the offence under S. 306, read with S. 34 of the Indian Penal Code.

(2.) The prosecution case was that the respondents were publishing defamatory articles containing false allegations against Narsinhbhai Chaudhary in connection with the running of a primary school by him. These articles were published in the daily "UTTAR GUJARAT EXPRESS" of which the respondent No. 2 (who was the original accused No. 2), was the editor. According to the informant who is the son of the deceased Narsinhbhai, these articles were defamatory and threatening and written with a view to take over the possession of the school building. It is also the prosecution case that on 4/08/1994, the respondents had given threats to Narsinhbhai and harassed him, as a result of which on 5/08/1994, in the evening at about 5-00 p.m., Narsinhbhai who could not bear the harassment meted out to him by the respondents, committed suicide by consuming poison. According to the prosecution, therefore, the respondents had abetted the commission of suicide of Narsinhbhai in furtherance of the common intention of all the respondents.

(3.) The trial Court found that the prosecution had not established that Narsinhbhai had committed suicide because of any instigation or aiding or facilitating commission of suicide. The trial Court observed that the news item, which was produced at Ex. 20. published in the said Newspaper was in form of information and that the trial Court was not concerned with its defamatory nature. It was held that if such news caused any anguish to the deceased and if he committed suicide by reading the said news in the Newspaper, it cannot be said that the news published on 27-6-1994 amounted to abetment of suicide which Narsinhbhai committed on 5-8-1994.