Bombay HC: Teachers, principal did not instigate suicide

Mumbai: The Bombay high court has quashed criminal proceedings against four teachers and theprincipal of Kendriya Vidyalaya at Dehu, Pune. The four teachers were accused of allegedly abetting the suicide of a Class 10 student, who was
temporarily suspended for assaulting a classmate.

According to the petitioners, on July 2, the principal received a complaint that the deceased and three of his accomplices, had beaten a student, which is why the principal suspended them for five days.

The very next day, the student jumped into a pit and died. After his death, his parents found a suicide note in his bag.

The deceased blamed his teachers for his suicide, which is why his parents filed a FIR against the four teachers and principal. The police booked the principal and four teachers in an abetment to suicide case.

Their counsel, Aniket Nikam, pointed out that the intention of the accused to instigate or abet the deceased to commit suicide was a basic requirement of section 306 of the IPC.

He submitted that the FIR was liable to be quashed, as it was neither mentioned in the FIR that they intended that the student end his life nor the police found any such intention during the probe.

The division bench of Justice Ranjit More and Justice Bharati Dangre after perusing evidence concluded that the accused had no intention of killing.

It further said that in cases of abetment to suicide, it was necessary for the police to at least prima facie establish that the accused had an intention to aid, instigate or abet the deceased to commit suicide.