Vs. State of West
Bengal  Insc
145 (28 February 2005)
Balakrikshnan & Tarun Chatterjee
O R D
E R [Arising out of S.L.P. (Criminal) No. 3254 of 2004]
appellant's counsel and counsel for the respondent.
herein is an accused in a crime registered for the offence under Section 306 of
the Indian Penal Code. The appellant filed a petition under Section 482 of the
Criminal Procedure Code to quash the criminal proceedings initiated against
him. The learned Single Judge declined to quash the proceedings and hence this
Kumar Nag was an employee of M/s M.L. Dalmiya & Co. Ltd. During the course
of his employment, he had been posted at various work sites of the company and
on 11.9.1999 he was transferred to the work site of the company's stores
located at 160, B.L. Saha
Road, Kolkata. It
seems that pursuant to the transfer order, Pranab Kumar Nag did not join duty
and after a period of about two years he sent in a letter of resignation
written in his own hand wherein he expressed his grievance of stagnancy of
salary and also alleged that he was a victim of unfortunate circumstances. The
company accepted his resignation with immediate effect. On 16.2.2001, a dead
body was found at the railway tracks near Ballygunge railway station and it was
revealed that it was the body of Pranab Kumar Nag. His brother went to the
office where Pranab Kumar Nag had worked and made enquires. The dead body of Pranab
Kumar Nag was released to his brother after the post-mortem examination on
19.2.2001. After a period of two months, a complaint was lodged before the
police post on the basis of a suicide note allegedly recovered from the dead
body of Pranab Kumar Nag.
on the complaint, a case was registered against the appellant and some others.
A translated copy of the suicide note is produced before us by the appellant.
We have carefully read the alleged suicide note. The substance of this suicide
note is that deceased Pranab Kumar Nag alleged that appellant Netai Dutta and
one Paramesh Chatterjee engaged him in several wrong-doings (he has shown as a
type of torture) and at the end of the letter, a reference is also made to Paramesh
Chatterjee and Netai Dutta alleging that he reported certain incidents to them.
A reading of the letter would show that deceased Pranab Kumar Nag was not very
much satisfied with the working conditions in the office. In the letter he has
stated that he had to be at the work place sometimes throughout the day and
night and he had to remain in the company of some drivers who had been
sometimes in drunken condition at about one o' clock or two o' clock in the
night. It is also alleged that the drivers who had been present at the work
place had been having non-vegetarian food. He also complained that he had to
work even on Sundays. He further stated that one day he could leave the work
place at 8 o' clock in the evening and all the restaurants were closed and that
he reported the matter to the present appellant.
is absolutely no averment in the alleged suicide note that the present
appellant had caused any harm to him or was in any way responsible for delay in
paying salary to deceased Pranab Kumar Nag.
seems that the deceased was very much dissatisfied with the working conditions at
the work place. But, it may also be noticed that the deceased after his
transfer in 1999 had never joined the office at 160 B.L. Saha Road, Kolkata and had absented himself for a period of
two years and that the suicide took place on 16.2.2001. It cannot be said that
the present appellant had in any way instigated the deceased to commit suicide
or he was responsible for the suicide of Pranab Kumar Nag. An offence under
Section 306 IPC would stand only if there is an abetment for the commission of
the crime. The parameters of the "abetment" have been stated in
Section 107 of the Indian Penal Code. Section 107 says that a person abets the
doing of a thing, who instigates any person to do that thing; or engages with
one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that
conspiracy, or the person should have intentionally aided any act or illegal
omission. The explanation to Section 107 says that any willful misrepresentation
or willful concealment of a material fact which he is bound to disclose, may
also come within the contours of "abetment".
suicide note, except referring to the name of the appellant at two places,
there is no reference of any act or incidence whereby the appellant herein is
alleged to have committed any willful act or omission or intentionally aided or
instigated the deceased Pranab Kumar Nag in committing the act of suicide.
There is no case that the appellant has played any part or any role in any
conspiracy, which ultimately instigated or resulted in the commission of
suicide by deceased Pranab Kumar Nag.
from the suicide note, there is no allegation made by the complainant that the
appellant herein in any way was harassing his brother, Pranab Kumar Nag. The
case registered against the appellant is without any factual foundation. The
contents of the alleged suicide note do not in any way make out the offence
against the appellant. The prosecution initiated against the appellant would only
result in sheer harassment to the appellant without any fruitful result. In our
opinion, the learned Single Judge seriously erred in holding that the First
Information Report against the appellant disclosed the elements of a cognizable
offence. There was absolutely no ground to proceed against the appellant
herein. We find that this is a fit case where the extraordinary power under
Section 482 of the Code of Criminal Procedure is to be invoked. We quash the
criminal proceedings initiated against the appellant and accordingly allow the