Court finds lack of instigation or mens rea in the alleged harassment over loan repayment demands
In a significant judgment, the Madhya Pradesh High Court at Gwalior has set aside charges framed against Rinku Lodha under Section 306 of the Indian Penal Code, which pertains to abetment of suicide. The judgment, delivered by Justice Pushpendra Yadav, came as a relief for Lodha, who was accused of harassing Bhagwan Singh over loan repayment, allegedly leading to Singh's suicide.
The case stems from the unfortunate incident on September 13, 2022, when Bhagwan Singh was found dead by suicide at a temple in Guna. The police investigation, based on statements from Singh's relatives, suggested that Lodha's repeated demands for repayment of a Rs. 1 lakh loan and retention of Singh's motorcycle amounted to harassment, allegedly driving Singh to take his own life.
However, Justice Yadav emphasized that mere demands for money or retention of property cannot constitute abetment to suicide unless accompanied by instigation or a clear mens rea, as required under Sections 306 and 107 of the IPC. The court noted the absence of a suicide note and concluded that the elements necessary for proving abetment, such as instigation or conspiracy, were not present in Lodha's actions.
Citing precedents, including the Supreme Court judgments in Sanju @ Sanjay Singh Sengar v. State of M.P and Gangula Mohan Reddy v. State Of A.P, the court highlighted that words spoken in anger or a momentary dispute do not equate to instigation. The court ruled that without a positive act intended to provoke or aid in suicide, the charges against Lodha were untenable.
The judgment further underlined the importance of mens rea in cases of abetment. It stressed that the intention behind the accused's actions is crucial, and mere financial disputes, without more, do not typically lead to suicide. The court stated that demanding repayment or retaining a motorcycle did not amount to an overt act forcing Singh into a situation with no option but suicide.
In light of these observations, Justice Yadav allowed the revision petition filed by Lodha, thereby setting aside the earlier order of December 8, 2022, which had framed charges against him. The court's decision underscores the judiciary's careful approach in distinguishing between harassment and criminal abetment, ensuring that charges of such gravity are not framed without substantive evidence of instigation.
Bottom Line:
Mere demand for repayment of money or retaining a motorcycle cannot constitute abetment to suicide under Section 306 IPC unless there is evidence of instigation or a positive act compelling the victim to commit suicide.
Statutory provision(s): Indian Penal Code, 1860 Sections 306, 107; Criminal Procedure Code, 1973 Sections 397, 401
Rinku Lodha v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc id # 2845650
