"Act Not a Remote Cause for Abetment of Suicide": Madhya Pradesh High Court Quashes FIR Under Section 306 IPC

In a significant ruling, the Madhya Pradesh High Court (Indore Bench) under Justice Pranay Verma has quashed an FIR and chargesheet against Ramchandra @ Ramdeepak Goyan, registered for alleged abetment to suicide under Section 306 of the Indian Penal Code (IPC).

The Court opined, "In absence of establishing necessary ingredients for attracting Section 306 of the IPC, the petitioner cannot be compelled to face the trial unnecessarily."

According to the details of the case, the petitioner was accused of not paying for the crops of the deceased, Laxminarayan, who later committed suicide. The charges were brought under Sections 420, 306, and 34 of the IPC. However, the Court observed that the prosecution failed to establish the element of instigation or abetment on part of the petitioner.

Justice Pranay Verma, while elucidating the element of 'instigation,' cited the Apex Court's judgment in Sanju @ Sanjay Singh Senger V/s. State of M.P., stating, "Even if we accept the prosecution story that the appellant did tell the deceased 'to go and die,' that itself does not constitute the ingredient of 'instigation.'"

Further relying on Gangula Mohan Reddi V/s. State of Andhra Pradesh, the Court emphasized, "Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained."

The Court also referred to its earlier judgment in Hukum Singh Yadav V/s. State of M.P. to elaborate that abusing and threatening alone could not be assumed to be instigation or abetment to suicide.

As a consequence of the analysis, the Court quashed the FIR and the final chargesheet dated 22.07.2022 against Ramchandra only in so far as Section 306 of the IPC is concerned. The proceedings under other sections will continue.

This judgment has been seen as a clarification on the critical elements required for constituting abetment to suicide under Section 306 IPC. Legal experts believe that this decision will serve as a landmark in preventing unnecessary criminal trials when the requisite elements are not met.

Date of Decision: 06-10-2023 

RAMCHANDRA @ RAMDEEPAK GOYAN  vs THE STATE OF MADHYA PRADESH AND OTHERS