The main legal point established in the judgment is the requirement for proof of direct or indirect acts of incitement to the commission of suicide in order to establish abetment under Section 306 of the Indian Penal Code.

JUDGMENT :

P.N. Deshmukh, J.

1. Rule returnable forthwith. Heard finally by consent.

2. Prayer in this petition is for quashing of charge-sheet filed before the Competent Court arising out of F.I.R. No.145 of 2018 registered by Police Station, Sakoli, District Bhandara for the offence punishable under Section 306 r/w. 34 of the Indian Penal Code. Applicant is arrayed as accused no.2 in the present crime. Learned Counsel for the applicant submitted that deceased Rashmi Sakhare, aged 24 years was residing with her aunt in a rented premises at Sakoli as she had lost her mother at an early age and her father had performed second marriage with Mangala Sakhare.

3. Applicant was prosecuting his education and for that purpose, was visiting local Library where other students also used to visit and in addition to this, was also holding coaching classes for students appearing in Competitive examination. In June, 2017, the deceased used to visit the library and was also interested to join applicant's study group circle to prepare for Competitive examination. As such, the applicant and the deceased knew each other. With one of the students of the Study Circle by name Amit Vaidya from Sakoli, deceased had cordial relations and in fact, was in love with him. However, he left Sakoli to join his studies at Aurangabad due to which deceased was mentally disturbed and the deceased after having indulged in quarrel with her aunt on 25.8.2018, in a fit of rage, poured kerosene on herself and set her person on fire, due to which she sustained 80% burn injuries and succumbed to same while undergoing treatment in General hospital, Sakoli on 26.4.2018. In the background of above facts, it is submitted that, according to the case of prosecution, while deceased was in hospital, her statement was recorded and on the strength of said statement, after her death, offence is registered under Section 306 r/w. 34 of the Indian Penal Code. Learned Counsel for the applicant, however, contended that no such offence can be registered against the applicant even on considering contents of dying declaration as the dying declaration refers to abusing and teasing by applicant in December, 2017 when the deceased did not attend the Study Circle since July, 2017. It is, thus, contended that since the incident is of 25.4.2018 and allegations are of December, 2017, the same cannot be associated with this crime in any manner. It is, infact, submitted that the deceased committed suicide due to quarrel with her aunt; however, the applicant is falsely involved and it is, therefore, prayed that the application be allowed.

4. Perusal of dying declaration on record at page 48, dt.25.4.2019 recorded by Police H.C. Punde in the presence of doctor would reveal that, the applicant, on 8th December, 2017, had quarreled with deceased in the Library and therefore, she committed suicide on 25.4.2018 in her house by setting her person on fire. In fact, the Inquiry Report submitted to Senior P.I. Sakoli Police Station by PSI Ravindra Revatkumar on investigating A.D. No.12 of 2018 would reveal that co-accused Yuvraj Sahare had seen deceased having bath in her bathroom prior to incident and since then, was causing mental torture to her saying that he would have physical relations with her and on that count, started providing illtreatment to her. From the report, it is further revealed that, four days prior to incident, co-accused Yuvraj Sahare had abused the deceased.

5. As against applicant, during the investigation what is revealed is that, in the month of December, 2017, applicant had teased deceased in the Library and nothing more. The sole incident alleged to have taken place about six months prior to deceased committing suicide is the only incident alleged against the applicant, which do not stand for any reason in the eye of law attracting provisions of Section 306 of the Indian Penal Code. On perusal of case diary, except for such involvement, we did not find anything adverse against the appl