Mumbai, April 11: Observing that a departmental inquiry, “even if strict or unpleasant”, cannot by itself amount to abetment of suicide, the Bombay High Court has discharged four persons in a 2011 teacher suicide case.
No grounds for abetment charge
Justice Amit Borkar, on April 8, noted that there was no material to justify charges under Section 306 of the Indian Penal Code for abetment to suicide.
“Mere embarrassment or shame cannot be treated as abetment of suicide. There must be a clear act or conduct which directly pushes a person to take such extreme step,” Justice Borkar observed, finding no proximate link between the accused’s actions and the suicide.
The HC allowed petitions by the four persons and set aside a 2014 sessions court order that had rejected their applications for discharge from the case.
Background of the case
On February 24, 2011, Shivaji Bhaurao Gade, a teacher at an Ashram School, died by suicide following a departmental inquiry into allegations of misconduct. The prosecution had alleged that the accused conspired to falsely implicate him, causing humiliation and mental distress that led to his death.
Court rejects prosecution’s claims
Rejecting this contention, the High Court said the material on record did not support the theory of a fabricated complaint. “The record does not show in a direct manner that the complaint was false or fabricated,” the court noted, adding that witness statements indicated the deceased had gone to the house of one of the accused on his own late at night.
The court also relied on consistent witness accounts stating that the deceased had later admitted his conduct and apologised, including by “touching the feet” of the complainant. A Tanta Mukti Committee report similarly recorded his admission of wrongdoing.
Doubts over evidence and notes
The court further cast doubt on the alleged suicide notes, noting delays in their recovery and the absence of handwriting verification. “Criminal law requires proof, not suspicion. A doubtful document… cannot be used to proceed against an accused,” it said.
On the prosecution’s claim that continued proceedings caused mental trauma, the court reiterated that a lawful inquiry cannot automatically amount to abetment in the absence of intent or direct instigation.
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Relief granted to accused
The High Court also invoked the principle of parity, noting that a co-accused had earlier been granted similar relief. Accordingly, the HC discharged all the four accused and quashed the proceedings against them.
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