Jabalpur (Madhya Pradesh): The Madhya Pradesh High Court has allowed a revision petition in a case of abetment of suicide by setting aside a lower court's order while quoting an old judgement of the Supreme Court that words uttered in a fit of anger or omission without any intention cannot be termed as instigation.
The HC's single bench of Justice Sujoy Paul in an order passed on December 16 set aside the lower court's order that framed charges against the applicants under Indian Penal Code Sections 306 (abetment to suicide) and 34 (acts done by several persons in furtherance of common intention) after a person, Murat Singh, from Damoh district committed suicide two years ago.
The high court referred to the SC judgment which said, "The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted. Abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 of IPC. However, the words uttered in a fit of anger or omission without any intention cannot be termed as instigation." The HC in its order said, "In view of the foregoing analysis, the (lower) court has committed an error in framing charge under Section 306/34 of IPC against the applicants by impugned order dated 23.09.2021.
As a consequence, the order dated 23.09.2021 is set aside. Revision petition is allowed." The applicants in the case - Rajendra Singh Lodhi, Bhupendra Singh Lodhi and Guru @ Bhanu Singh - filed the revision petition to question the legality, validity and propriety of the impugned order whereby the lower court in Damoh had framed the charges against them.
As per the prosecution story, on October 29, 2020, Bhupendra Singh Lodhi abused and assaulted Murat Singh by a 'lathi' (stick). The victim instantaneously reported the incident to the police station.
When Murat Singh returned home, it is alleged that the applicants pressured him for a compromise in the matter and further threatened him with dire consequences. Murat Singh consumed 'sulphas', a poisonous substance and committed suicide.
The HC order said in case of Sanju @ Sanjay Singh Sengar Vs State of Madhya Pradesh wherein the appellant allegedly told the deceased 'To go and die', the apex court opined that it does not constitute the ingredient of "instigation".
In the instant case, if the story of prosecution is read and believed as such, it will be clear that Bhupendra Lodhi assaulted Murat Singh by a lathi and there is no element of 'incitement' or 'instigation' on behalf of the applicant.
Thus, IPC Section 306 is not attracted against the applicant, the court order said.
