To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused; mere emotional distress or broken relationships do not suffice.

JUDGMENT :

1. Heard finally by consent of learned counsel Shri Akshay Sudame for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for the State.

2. The present revision application is filed by the applicant (the accused) in connection with Crime No.486/2020 registered with the Shegaon Police Station, district Buldhana under Section 306 of the Indian Penal Code against rejection of discharge application Exhibit.8 filed under Section 227 of the Criminal Procedure Code.

3. The factual matrix of the case is as under:

The applicant is educated having qualification of Bachelor of Computer Application. Deceased victim and the applicant were having love affair from last nine years. On 3.12.2020, the deceased committed suicide by hanging herself. The deceased victim has left behind an exhaustive suicide note stating in it the details of affair and her relationship with the applicant. It was further alleged that on the promise of marriage, the applicant and the deceased had physical relationship and subsequently, the applicant broke the said relationship and denied to marry with her. It is further alleged that the applicant has developed relationship with other girl and as the deceased victim was disturbed and in a depression, she committed suicide. On the basis of the said suicide note, the informant, the father of the deceased victim, lodged a report against the applicant that he abetted the deceased victim to commit suicide.

On the basis of the said report, the crime was registered.

4. After registration of the crime, wheels of the investigation started rotating. During the investigation, the Investigating Officer has drawn spot panchanama and seized suicide note. He has also collected postmortem note and transcript of WhatsApp Chats between the deceased victim and the applicant and recorded relevant statements of witnesses and after completion of the investigation, submitted chargesheet against the applicant.

5. After filing of the chargesheet, the case was committed to the Court of Sessions. The applicant filed an application below Exhibit-8 under Section 227 of the Code for discharge contending that the entire investigation papers nowhere reveal that in what manner, he had abetted the deceased victim to commit suicide. Breaking of the relationship is not sufficient to show that he has abetted the deceased victim to commit suicide. There should be a direct proximity between abetment and act of commission of suicide. Thus, offence is not made out against him and, therefore, he claimed discharge. Learned Sessions Judge, Khamgaon rejected the application by observing that her suicide note reflects that she was in relationship with the applicant for nine years. The deceased victim has narrated the entire affair of behaviour of the applicant. The material available on record is sufficient to frame charge against the applicant and rejected the application.

Hence, this revision.

6. Learned counsel for the applicant submitted that admittedly, there was love affair between the deceased victim and the applicant and due to some reasons, the said relationship came to an end. From the suicide note also, nowhere it reflects that what actually act or instigation was on the part of the applicant due to which she has committed suicide. The WhatsApp Chats show that she was in communication with the applicant and from the WhatsApp chats, it reveals that physical relationship was out of consent. The communication dated 3.12.2020 reflects that she has expressed her apology for everything to the applicant. Thus, no positive act or action was on the part of the applicant to abet her to commit suicide. She has committed suicide on 3.12.2020. Prior to four months of the said incident, the said relationship was broken. So, there is no close proximity as to the act of the suicide. He submitted that even WhatsApp Chats show that the deceased victim and the applicant were intending to perform marriage, but due to some reasons, the said relationship