JUDGMENT :- Can a person be said to have abetted another person to commit suicide under Section 306 of Indian Penal Code (IPC, for short) by merely telling the other in public, "why can't you go and die etc."? What is meant by 'abetment'? What is instigation'? What is the scope of such expressions in Sections 306 and 107. IPC ? My endeavour in this case will be to decide these questions in the factual back ground of this case.

2. Petitioners seek to quash proceedings initiated against them by a Judicial First Class Magistrate's Court in so far as charge under Section 306, IPC is concerned. He is charge sheeted for other offence also. According to prosecution, deceased Joseph owed Rs.200/- to one of the accused/ petitioners, on account of purchase of certain articles from his bakery. He did not pay back the money and hence on the date of occurrence Accused/petitioners called deceased Joseph to the bakery of accused, wrongfully restrained him and abused him in public. Second accused also beat him on his face. Petitioners allegedly acted in furtherance of a common intention.

3. Deceased Joseph felt insulted and on reaching his house he divulged his embarrassment to his wife. On the same night, deceased Joseph consumed poison from his house and in the course of treatment in the Medical College Hospital, Kottayam, he died. According to prosecution, it was because of the words uttered by first accused to deceased Joseph and the manner in which the deceased was dealt with by the petitioners in public that the deceased committed suicide on the same day. The words allegedly uttered by first accused from his bakery verandah to deceased Joseph are to the effect as to why the deceased was walking around as if he was a big person, if he did not have even Rs.200/- and as to why he was remaining as a burden to the earth. He was also asked, 'why can't you go and die ?".

4. In short, accused allegedly abetted commission of suicide in furtherance of common intention by making insulting statements in public, 'why are you remaining as a burden to earth, why can't you go and die?". Does this act of petitioners constitute offence under Section 306, IPC ? To get an answer to this question, a study of 'the meaning of the expression 'abetment' under Section 107 and a reading of Section 306, IPC will be essential. Those provisions can be extracted below:

"S. 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 extend to ten years, and shall also be liable to fine."

"S.107: Abetment of a thing.-A person abets in doing of a thing, who Firstly - 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 place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly - Intentionally aids, by any act or illegal omission, in doing of that thing."

S. From the above provision, it is clear that to constitute offence under Section 306, IPC, prosecution has to establish, 1) that a person committed suicide and 2) that such suicide was abetted by the accused. As per Section 107, IPC, a person can be said to have abetted in doing of a thing, 1) if he instigates any person to do that thing 2) if he engages with one or more other person be persons in any conspiracy for the doing of that thing, and if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing 3) if he intentionally aids, by any act or illegal omission, in doing of that thing.

6. On the facts of this case, present case appears to fall under the-first clause of Section 107, IPC. Because, nobody has a case that accused in any manner intentionally 'aided' in the commission of suicide in any manner. Allegations to attract the clause 'secondly' in Section 107, IPC are also totally abse

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