JUDGMENT

Badar Durrez Ahmed, J. — This Revision Petition is directed against the order on charge dated 14.10.2005 passed by the learned Additional Sessions Judge against the petitioner for having committed an offence punishable under Section 306 of the Indian Penal Code. The charge against the petitioner is that on 22.7.2004 at 1.30 p.m. at the house of Satpal, Harijan Basti, Rangpuri, the petitioner had abetted in the suicide committed by Vivekananda Pandey and thereby committed an offense under Section 306, IPC.

2.The brief facts as indicated in the charge-sheet are that on 22.7.2004 on receiving DD No. 48A, S.I. Ziley Singh along with constable Dhan Singh went to the spot at the house of Satpal at Rangpuri, where one man had committed suicide whose name was found to be Vivekanand Pandey. It is indicated in the charge-sheet that on searching the body of the dead man one suicide note was found in which the present petitioner (Neeraj Gupta) was mentioned as being responsible for the suicide. On 22.7.2004, the deceased Vivekanand Pandey’s wife did not give any statement as she was in a state of shock. The Post-mortem examination was conducted on 23.3.2004. On 24.7.2005 Smt. Mithi