Indian Penal Code, 1860
Sections 306/304A & 309—Abetment of suicide—Dismissal of discharge petition—Revision—Petitioner is the Principal of Educational Institution and complaints relating to an act of indiscipline committed by two students including deceased comes to him—Victim girl, aged 14 years, was allegedly wrongfully confined in the room of principal for about three hours and she was rebuked by petitioner in abusive languages and within the knowledge of other teachers, staff and students—When complaints of indiscipline committed by students comes to the Principal, it is but only very natural practice that the administrative head would enquire about the same from the persons involved—Such duty of the principal is not only accepted in common parlance but also sometimes codified in the rule book of the school—No doubt it is very unfortunate that an act of remedying indiscipline in students has impacted them so negatively and intensely that they thought it not any further possible to face the world—It may be their own thought process that their prestige has been diminished to that extent not to be able any further to face the surrounding persons, including parents—Petitioner had no contribution to such a thought process of the said students, it was only common and natural duty of the petitioner to takes steps to set in discipline and the petitioner in doing so has taken the steps as he thought proper—Feeling of humiliation, panic and sudden and acute tension faced by a student due to punishment or fear of punishment cannot be attributed to the admonitory finger of the school principal, to have been caused with the criminal intention to make him or her to commit suicide—Case diary contains sufficient material to show that there has been an act of indiscipline by the said two students including deceased—Bunking of class by them, secretly taking refuge to a vacant class room instead of attending class, are all spoken by the witnesses—Even if the contention of the informant made in FIR is taken at its face value, the same would not disclose an offence against the petitioner as alleged or make out any cognizable case against him—No sufficient ground found to proceed against petitioner—Impugned order set aside—Petitioner is discharged. [Criminal Procedure Code, 1973, Section 227]
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