NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL (M.P.

CRIMINAL LAW (I.P.C) II SIXTH TRIMESTER

SURJEET SINGH THAKUR vs THE STATE OF MADHYA PRADESH:

A CASE ANALYSIS

SUBMITTED TO:

Ms. Divya Salim

SUBMITTED BY:

Kriti Bhatnagar

2014BALLB44

1|Page
 PREFACE

This project focuses on the analysis of the case Surjeet Singh Thakur vs the State of Madhya
Pradesh. The project is divided into chapters as described below.

The first chapter, Research methodology, explains the statement of problem, objectives of
study, sources of study and referencing style.

The second chapter discusses the material facts of the case.

The third chapter addresses the issues in the present case.

The fourth chapter explains the provisions of the IPC applied.

The fifth chapter has the arguments of both the parties.

The sixth chapter critically analyses the judgement of the Honble Supreme Court.

2|Page
 ACKNOWLEDGEMENT

This project prepared by, Kriti Bhatnagar, acknowledges the assistance and guidance of Ms.
Divya Salim without whose invaluable support this project would not have been possible.

KRITI BHATNAGAR

2014BALLB44

3|Page
 CONTENTS

Preface..2

Acknowledgement3

Research methodology.5

Material facts6

Issues7

IPC provisions used.8

Arguments of the prosecution..9

Arguments of the appellant..10

Judgement.12

Ratio of the case...12

Critical analysis and conclusion...13

4|Page
Research Methodology

Statement of Purpose:

In this project, the researcher tries to study the case of Surjeet Singh Thakur vs the State of
Madhya Pradesh1 by analyzing its material facts, contentions of both the parties, and the
judgment pronounced by the Supreme Court of India.

Aims and Objectives:

The project essentially seeks:

To list the material facts and issues of the case.

To discuss the contentions of both the parties.

To critically analyze the judgment of Supreme Court.

Sources of Data:

The researcher has mainly relied upon secondary sources especially websites.

Method of Analysis:

This project uses the analytical method as it scrutinizes the Supreme Court judgment in the
case of Surjeet Singh Thakur vs the State of Madhya Pradesh by weighing various aspects
against each other.

References and Style of Footnoting:

All references are cited and a uniform style of footnoting has been followed throughout the
project, acknowledging the respective sources that have been used.

1
Cr.R. No. 1162/2015

5|Page
 Material facts

1. Pradeep Tiwari committed suicide on 05.10.2014.

2. The deceased left a suicide note in which it was alleged that

The present applicant is running a transport company, with whom the deceased
attached two trucks bearing registration Nos.MP09-HG- 3846 and MP20-HB-0863.
The present applicant was under an obligation to pay rent for trucks. However, he was
not paying the rent to him regularly and was also not retuning the trucks to him and
driven by this fact and also under severe frustration, he committed suicide.

3. Charges were framed against the accused under section 306 of the Indian Penal Code.

4. The case is brought before Hon. Shri Justice Alok Verma, in the High Court of
Madhya Pradesh.

6|Page
 ISSUES

1. Is the conviction of the appellant by the lower court sustainable?

2. Are the essential ingredients of the applied provision being met with the facts and
circumstances of the case?

7|Page
 IPC PROVISIONS USED

IPC PROVISIONS USED BY LOWER COURT:

In the order passed by the learned Third Additional Sessions Judge, Indore in Session
Trial No.352/2015 dated 07.08.2015 whereby the learned trial Judge framed charges
against the present applicant under section 306 of IPC.

IPC PROVISIONS USED BY HIGH COURT:

1. SECTION 306:
Abetment of suicide - If any person commits suicide, whoever abets the commission
of such suicide, shall be punished with imprisonment of either description for a term
which may extent to ten years, and shall also be liable to fine.

2. SECTION 107:
First - Instigates any person to do that thing;
or Secondly - 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 places in pursuance of that
conspiracy, and in order to the doing of that thing;
or Thirdly - Intentionally aides, by any act or illegal omission, the doing of that thing
Explanation 2 - Whoever, either prior to or at the time of the commission of an act,
does anything in order to facilitate the commission of that act, and thereby facilitate
the commission thereof, is said to aid the doing of that act.

8|Page
 ARGUMENTS OF THE PROSECUTION

It could be strictly made out by the language of the suicide note that the deceased was
driven to such frustration that he had to commit suicide as he was under severe
financial crisis and could not bear such financial loss.
The only income he got was taken away by the applicant leaving the deaceased with
no option other than to commit suicide.
There could be cases where the circumstances created by the accused are such that a
person feels totally frustrated and finds it difficult to continue existence.

9|Page
 ARGUMENTS OF THE APPELLANT

The learned counsel for the appellant said that the trucks did not belong to the
deceased though they were purchased in name of the deceased. The money was
actually paid by the present applicant immediately after purchase of trucks. The trucks
were under the control and supervision of the present applicant and for this purpose
on 31.03.2012 the deceased executed a consent letter, copy of which is filed by the
present applicant.
Learned counsel for the applicant placed reliance on judgment of Hon'ble Apex Court
in case of Sanjay Singh vs. State of M.P2 in which it was held that when the deceased
committed suicide after two days of quarrel with the accused in which it was alleged
that the deceased uttered the words "go and die". The Hon'ble Apex Court observed
that the fact that the deceased died after two days of such incident show that uttering
of such words that suicide was not the direct result of the quarrel and no case of
under section 307 r/w section 107 of IPC was made out.
The counsel also placed reliance on judgment of Hon'ble Apex Court in case of M.
Mohan State3 in which it was held that there has to be a clear mens rea to commit
offence, conviction cannot be sustained without positive act on part of accused to
instigate or aid in committing suicide.
Abetment involves a mental process of instigating a person or intentionally aiding a
person in doing of a thing. Without a positive act on the part of the accused to
instigate or aid in committing suicide, conviction cannot be sustained in order to
convict a person under section 306 of IPC. There has to be a clear mens rea to commit
the offence. It also requires an active act or direct act which led the deceased to
commit suicide.

2
AIR 2002 SC 1998
3
AIR 2011 SC 1238

10 | P a g e
 JUDGEMENT

As per the allegations in the suicide note the trucks belong to the deceased which were only
attached to the transport company. He failed to pay him rent of the trucks due to which the
deceased faced severe financial crises.

The facts of the case is similar to those of the case before the Hon'ble Apex Court in case
of Amit Kapoor vs. Ramesh Chander and Anr4.;. In this case, the accused persons forcibly
occupied the property of the widow lady. He misappropriated the property and was not
returning the property to the deceased and, therefore, due to severe depression, the widow
committed suicide. It was observed by the Hon'ble Apex Court in para 19 of the judgment
that at the initial stage of framing of a charge, the court is concerned not with proof but with a
strong suspicion that the accused has committed an offence, which, if put to trial, could prove
him guilty. The ingredients of Section 306 are that a person commits suicide and somebody
alone abets commission of such suicide which renders him liable for punishment. Both these
ingredients appear to exist in the present case. One very serious averment that was made in
the suicide note was that the deceased was totally frustrated when the accused persons took
possessions of the ground floor of her property.

The word "instigate" used in Section 107 IPC has been explained by this Court in Ramesh
Kumar v. State of Chhattisgarh5 to say that where the accused had, by his acts or omissions or
by a continued course of conduct, created such circumstances that the deceased was left with
no other option except to commit suicide, an instigation may have to be inferred. In other
words, instigation has to be gathered from the circumstances of the case. The husband of the
deceased was a paralysed person. They were in financial crises. They had sold their property.
They had great faith in the accused and were heavily relying on him as their property
transactions were transacted through the accused itself. Grabbing of the property, as alleged
in the suicide note and the statement made by the son of the deceased as well as getting blank
papers signed and not giving monies due to them are the circumstances stated to have led to
the suicide of the deceased.

Applying the above principle, it is apparent that in the present case also as per the allegations
in the suicide note the property belonging to the deceased was misappropriated or taken

4
(2012) 9 SCC 460
5
Appeal (crl.) 617 of 2000

11 | P a g e
possession of by the present applicant/accused and this was the result of severe financial
crises for the deceased and accordingly, when a person is driven to such condition
by accused, this amount to abetment of suicide.

In this view of the matter, in my considered opinion of this Court, no case is made out for
interfering in using the revisional power granted on this Court, the order passed by the
learned lower court do not suffer for any irregularity or illegality and accordingly confirmed.
This revision is accordingly dismissed.

RATIO OF THE CASE

In order to convict a person under section 306 IPC, the facts and circumstances play the most
important role. When a person is driven to such a condition that he is deprived of all financial
means by the fault of another party, he has no option but to end his life.

All cases may not be of direct evidence in regard to instigation having a direct nexus to the
suicide.

12 | P a g e
 CRITICAL ANALYSIS AND CONLUSION

In analysing the judgement, it is inferred that the Honble High Court has given a correct
verdict for the aforementioned case. I drew this conclusion on the basis that:

1. Finance is an important factor in a persons life. When a person is deprived of money,

he is deprived of his basic needs, leading him to be so much frustrated that he
commits suicide.

2. Also, the facts and circumstances show that the instigation need not be per se.

Thus, the judgement does not seem to suffer from any irregularities and is apt for the
understanding of section 107 and section 306 of the IPC.

13 | P a g e