GULAB KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Gulab Kaur petitioner stands charged under section 306 of the Indian Penal Code in the Court of Additional Sessions Judge, Bhiwani. In the charge it is stated that Smt. Nirmala wife of Lokesh committed suicide by burning herself alongwith her minor daughter aged 3 years and she had abetted the commission of suicide by having constantly harassed her and levelling false allegation against her regarding her character.

(2.) SMT . Nirmala (deceased) was employed as a supervisor in the Anganwadi Department Govt. of Haryana, at Laharw. On 1-3-86 Head of Department, Govt. of Haryana, at Loharu, on information about admission of Smt. Nirmala (deceased) in an injured condition in Civil Hospital, Loharu, visited the hospital and recorded her statement; The statement, when translated, reads as under :-

(3.) LOKESH , at an earlier stage, had levelled no allegation against the employees of Anganwadi Department and in a subsequent statement, he has only relied upon some hearsay information that Smt. Nirmala had committed suicide due to misbehaviour of Smt. Gulab Kaur. This, however, is no legal evidence. The dying declaration does not state of any abetment on the part of Smt Gulab Kaur. Being a supervisory officer of the deceased, Smt Gulab Kaur had the right to make comments on her working and the simple fact that at one stage, when she had made remarks that in connivance with Vasudevi, Smt Nirmala had made some favourable report, wore not such remarks which would tempt Smt. Nirmala to commit suicide. To bring a charge of abetment of suicide, it has to be shown by some piece of evidence that the accused person is guilty of some act of commission or omission which may all the deceased person to commit suicide. That evidence is lacking. No criminal offence is made out. I hereby accept the criminal miscellaneous and quash the FIR, the charge-sheet framed by the learned Additional Sessions Judge and all the subsequent proceedings.