Nidhi R. Sasi v. The State of Kerala and SMT. Jiji

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE B.KEMAL PASHA** **THURSDAY, THE 18TH DAY OF JANUARY 2018 / 28TH POUSHA, 1939** **Crl.MC.No. 4980 of 2015** **-----------------------CP 28/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM CRIME NO. 593/2011 OF OTTAPALAM POLICE STATION , PALAKKAD** **----------** ## **PETITIONER/ACCUSED NO.1** **------------------------** **NIDHI R. SASI, "REVATHY", MAYITHARA PO, CHERTHALA, ALAPPUZHA DISTRICT PIN-688 539** **BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA** ## **RESPONDENT(S)/COMPLAINANT:** **-------------------------** **1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ,ERNAKULAM** **2. SMT. JIJI, W/O LATE VINOY, STUDENT SHELTER, KULAPPILLY, SHORUNUR.** **R1 BY SENIOR PUBLIC PROSECUTOR SRI JAYA SURYA R2 BY ADV. SRI.K.RAVI (PARIYARATH)** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **K.V.** ## **Crl.MC.No. 4980 of 2015 ()** ## **---------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES ------------------------** ## **ANNEXURE A: A TRUE COPY OFFIR IN CRIME NO. 593/11 OF OTTAPALAM POLICE STATION** **ANNEXURE B: A TRUE COPY OF REFER REPORT DT. 29/10/11 SUBMITTED BEFORET THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM** **ANNEXURE C: A TRUE COPY OF FINAL REPORT IN CRIME NO. 593/11 OF OTTAPALAM POLICE STATION FILED THE BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT,OTTAPALAM** **ANNEXURE D: A TRUE COPY OF F.I.R IN CRIME NO 511/11 OF OTTAPALAM POLICE STATION** **ANNEXURE E: A TRUE COPY OF COMPLAINT AS C.M.P NO. 3269/11 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE , OTTAPALAM** **RESPONDENTS ANNEXURES: NIL** **---------------------** **K.V. P.S.TO JUDGE** ## **B.KEMAL PASHA, J.** ................................................... **Crl.M.C.No.4980 of 2015** ................................................... **Dated this the 18[th ] day of January, 2018** ## **O R D E R** Petitioner is the accused in C.P.No.28 of 2015 of the Judicial First Class Magistrate's Court, Ottapalam, which has arisen from Annexure-C Final Report in Crime No.593 of 2011 of the Ottapalam Police Station for the offences under Section 306 IPC and Sections 67 and 67A of the Information Technology Act, 2000. The petitioner, who is a lady aged 27, while working as the Development Officer of the LIC, was allegedly abducted by the deceased, who was an LIC agent. She was allegedly taken to an uninhabited house, where she was attacked by the deceased by hitting on her head with a stone. She suffered a very serious injury and she was lying unconscious in a pool of blood. 2. When she regained consciousness almost on the Crl.M.C.No.4980 of 2015 : 2 : next day, she made a hue and cry, and the local people gathered and she was hospitalized. Immediately a crime was registered against the deceased as Crime No.511 of 2011 of the Ottapalam Police Station for the offence under Section 307 IPC. The deceased was absconding. The said incident had occurred in between 2.00 p.m. on 8.8.2011 and 7.30 a.m. on 9.8.2011. The deceased rushed to Coimbatore, took a room in a lodge, wherein he committed suicide by hanging. 3. The wife of the deceased complained that the deceased committed suicide at the instigation of the petitioner and consequently, Crime No.593 of 2011 was registered. Initially the police referred the matter. The wife of the deceased wanted a further investigation in the matter. A further investigation was ordered under Section 173(8) Cr.P.C. The Deputy Superintendent of Police conducted further investigation and filed Annexure-C Final Report. 4. The learned senior counsel for the petitioner has pointed out that there is not even an allegation which is sufficient to invite an offence under Section 306 IPC in this case. Apart from that, the deceased had committed suicide Crl.M.C.No.4980 of 2015 : 3 : when the news item of the attack on the petitioner by him came to light through various newspapers. His photograph was also published. It was consequent to that, he went to Coimbatore and committed suicide. 5. The learned counsel for the second respondent has argued that the letters written by the deceased to his brother and also to the Manager of the LIC prior to his death clearly reveal that he was harassed by the petitioner. Those letters reveal that there were some illicit relationship between the petitioner and the deceased. Apart from that, the said letters do not state that he was instigated by the petitioner to commit suicide. 6. The learned senior counsel for the petitioner has invited the attention of this Court to the decision in _**Madan Mohan Singh v. State of Gujarat and Another** [(2010)8 SCC 628]_ . The learned counsel for the second respondent has invited the attention of this Court to the decision in _**Praveen Pradhan v. State of Uttaranchal and Another** [(2012) 9 SCC 734]_ . In Madan Mohan Singh (supra), there was a suicide note which directly attributes instigation from Crl.M.C.No.4980 of 2015 : 4 : the part of the accused to the deceased to commit suicide. Even then, the Apex Court held that, it was not sufficient to invite an offence under Section 306 IPC. In the decision in Praveen Pradhan (supra), the Apex Court held that, the fact as to whether there was instigation or not and as to whether the suicide was in consequence to such instigation have to be ascertained from the attending circumstances. 7. This Court has considered the circumstances in which the deceased has committed suicide. It may be true that he was having some illicit relationship with the petitioner. It may be further true that he was being pestered by the petitioner for accepting her to be as his life partner. At the same time, there is no concrete allegation that she instigated him to commit suicide. Apart from that, Annexure-D F.I.R. registered against the deceased for the offence under Section 307 IPC clearly reveals that the petitioner was abducted by the deceased on the previous day, taken to a lonely, uninhabited house and she was attempted to be murdered. A very serious injury, which resulted in depressed fracture of her skull was inflicted on her. Crl.M.C.No.4980 of 2015 : 5 : 8. It has come out that the news appeared in almost all newspapers with the photograph of the deceased and he was found absconding. On the next day, he reached Coimbatore and committed suicide. Even if he was being pestered by the petitioner, it is not the immediate reason for the commission of suicide. The reason for the suicide is nothing, but the registration of Annexure-D F.I.R. for the serious offence of Section 307 IPC and the news items appeared in all the newspapers with his photograph. 9. The learned Public Prosecutor has produced the copy of the suicide note allegedly seized from the body of the deceased. The suicide note does not reveal anything regarding his relationship with the petitioner or any sort of instigation from the part of the petitioner. Matters being so, it cannot be said that the petitioner had instigated the deceased to commit suicide and consequently, he committed suicide. There is absolutely nothing to invite any of these offences against the petitioner. Matters being so, all further proceedings in C.P.No.28 of 2015 of the Judicial First Class Magistrate Court, Ottapalam, based on Annexure-C Final Crl.M.C.No.4980 of 2015 : 6 : Report, as against the petitioner, are liable to be quashed. In the result, all further proceedings in C.P.No.28 of 2015 of the Judicial First Class Magistrate Court, Ottapalam, based on Annexure-C Final Report, as against the petitioner, are hereby quashed. Sd/- **B.KEMAL PASHA JUDGE** Bb/19/1/2018 _[True copy]_ _P.A to Judge_