Ajay Kumar v. State Of Punjab
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" "" 6! )) :5 ;Statement of Sawinder Singh son of Chain Singh resident of Dharamkot Randhawa aged about 52 Years, stated that I am resident of above mentioned address and is selling Prasad at Gurudwara Chola Sahib Dera Baba Nanak, I have two daughters and 2 sons. My elder daughter Ramandeep Kaur is married and second Poonamdeep Kaur is unmarred and whose date of birth is 13.04.2000, who is doing computer course from ITI Gurdaspur. On dated 14.05.2024 as usual in the morning at 8.30 AM she has gone to ITI from home but did not return home to whom we searched from our relatives and knows persons at our own, who did not found us, now I came to know that my daughter Poonamdeep Kaur has enticed away by Ajay Kumar son of Kishan Lal at present II Colony Kalanaur Distt Gurdaspur who is uncle,s son of my wife Jaswant Kaur and who is married on the pretext of marriage I have recorded my statement to you, statement heard which is correct sd Sawinder Singh attested Mangu Ram son of Bau Ram r/o Dharamkot Randhawa attested
Angrej Singh SI Chowki incharge Dharamkot Rrandhawa PS Dera Baba Nanak dt 18.05.2024."
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"',) : !#5 ;21 The ingredients to constitute an offence under Section 306 of the IPC (abetment of suicide) would stand fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/incitement by the accused leaving no option but to commit suicide. Further, as the extreme action of committing suicide is also on account of great disturbance to the psychological imbalance of the deceased such incitement can be divided into two broad categories. First, where the deceased is having sentimental ties or physical relations with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity.
In the case of former category sometimes a normal quarrel or the hot exchange of words may result into immediate psychological imbalance. consequently creating a situation of depression, loss of charm in life and if the person is unable to control sentiments of expectations, it may give temptations to the person to commit suicide, e.g., when there is relation of husband and wife, mother and son, brother and sister, sister and sister and other relations of such type, where sentimental tie is by blood or due to physical relations. In the case of second category the tie is on account of official relations, where the expectations would be to discharge the obligations as provided for such duty in law and to receive the considerations as provided in law.
In normal circumstances, relationships by sentimental tie cannot be equated with the official relationship. The reason being different nature of conduct to maintain that relationship. The former category leaves more expectations, whereas in the latter category, by and large, the expectations and obligations are prescribed by law, rules, policies and regulations.
The test that the Court should adopt in this type of cases is to make an endeavour to ascertain on the basis of the materials on record whether there is anything to indicate even prima facie that the accused intended the consequences of the act. l.e., suicide. Over a period of time, the trend of the courts is that such intention can be read into or gathered only after a full= fledged trial. The problem is that the courts just look into the factum of Suicide and nothing more. We believe that such understanding on the part of the courts is wrong. It all depends on the nature of the offence & accusation.
For example, whether the accused had the common intention under Section 34 of the IPC could be gathered only after a full=fledged trial on the basis of the depositions of the witnesses as regards the genesis of the occurrence, the manner of assault, the weapon used, the role played by the accused etc. However, in cases of abetment of suicide by and large the facts make things clear more particularly from the nature of the allegations itself. The Courts should know how to apply the correct principles of law governing abetment of suicide to the facts on record. It is the inability on the part of the courts to understand and apply the correct principles of law to the cases of abetment of suicide, which leads to unnecessary prosecutions.
We do understand and appreciate the feelings and sentiments of the family members of the deceased and we cannot find any fault on their part if they decide to lodge a First Information Report with the police. However, it is ultimately for the police and the courts of law to look into the matter and see that the persons against whom allegations have been levelled are not unnecessarily harassed or they are not put to trial just for the sake of prosecuting them." * < #) "" "" $#$ ))$ ###" !$#)') 1 / #)! " $ #$ )') !
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