The main legal point established in the judgment is the necessity of establishing clear mens rea and a positive act of instigation, abetment, or intentional aiding to convict a person under Section 306 of the Indian Penal Code.

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. By way of filing this Application, the Applicants have prayed that the First Information Report No.78 of 2016 dated 15th April, 2016 registered with Police Station, Osmanpura, Aurangabad for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, may be quashed and set aside.

3. Respondent No.2 herein Jijabai w/o Atmaram Ingale, who is mother of deceased Chandrakant, lodged First Information Report stating therein that, her married son Chandrakant was a practicing as an Advocate. He was blessed with a son namely Vaibhav and a daughter namely Ranjandini.

On 5th April, 2016, during morning hours, wife of Chandrakant saw her husband in a hanging condition to a roof of room situate in their own house. He was removed from the house and was taken to the hospital. When he was hospitalized, a chit was found in his pocket. It was written in the said chit/note that, an accused Ravindra, Deepak and their wives i.e. Applicant Nos.2 and 4, with coaccused Prakash are responsible for his commission of suicide. All of them harassed him for repayment of money, and also threatened to kill him. Due to said harassment by the accused persons, he is committing suicide. On the back side of the said chit, it was written, that the accused persons gave him money on condition of paying the same back to them with interest. Though the said amount was repaid with interest, again demand was made by them, and cheque was obtained from Chandrakant and also undertaking was taken on the bond. On 4th April, 2016, Deepak snatched mobile from him. The informant further alleged that, the accused with an intention that Chandrakant should commit suicide, instigated an act of commission of suicide by Chandrakant and ultimately Chandrakant committed suicide, and died on 12th April, 2016. On the basis of an aforesaid information Crime was registered against five accused persons including the present Applicants for the offence punishable under Section 306 read with 34 of the Indian Penal Code (for short "I.P. Code").

4. Hence this Application is filed by the Applicants, for quashing the First Information Report.

5. Learned counsel appearing for the applicants submitted that, the police ought not to have registered the crime under Section 306 of the I.P. Code. Merely being named in the alleged suicide note, one shall not immediately jump to the conclusion that a person is an offender. There must be an intentional aiding to the commission of suicide by the accused. The contents of the suicide note and other attending circumstances have to be examined so as to find out, whether the act/acts of the accused would constitute an abetment, instigation or intentional aiding within the meaning of Section 107 of the I.P. Code, so as to constitute an offence punishable under Section 306 of I.P. Code.

6. Learned counsel further submitted that Chandrakant died on 12th April, 2016, and the First Information Report was lodged on 15th April, 2016. There is delay in lodging the First Information Report which is not explained by the informant. Thus an allegations levelled against the Applicants are the result of due deliberation and concoction.

7. Learned counsel further submitted that the Applicants never lend any amount on the basis of repayment of said amount on interest basis to deceased Chandrakant. Applicants are not involved in any money lending business. It is submitted that deceased Chandrakant was practicing as an Advocate in the Civil and Criminal Court at Aurangabad. One Subhash Sukhdeo Jadhav is the relative of accused Ravindra. Subhash was in jail in connection with the offence of rape. Accused Ravindra was acquainted with deceased Chandrakant being a lawyer. The merits of bail application of Subhash Jadhav were discussed with deceased Chandrakant. It is submitted that, Chandrakant taken exorbitant amo