The central legal point established in the judgment is that for conviction under Section 306 IPC, there must be clear mens rea and a positive act intended to instigate or aid in committing suicide.

JUDGMENT

Bibek Chaudhuri, J. - The instant appeal filed by the convict of Sessions Trial No.06(06) 2013 corresponding to Sessions Case No.126 of 2013 arising out of Bizpur Police Station Case No.307 of 2012 dated 26th September, 2012 is against the order of conviction and sentence under Section 306 of the Indian Penal Code, IPC for short. The appellant was sentenced to suffer rigorous imprisonment for 5 years and also to pay fine of Rs.2,000/- with default clause for the offence under Section 306 of the IPC. The said judgment and order of conviction and sentence is assailed by the appellant in the instant appeal.

Bizpur Police Station case No.307 of 2012 dated 26th September, 2012 was registered on the basis of a written complaint submitted by one Gopal Singh alleging, inter alia, that the appellant is his second wife. He has one son and one daughter in the wedlock of his first marriage. The first wife of Gopal left with another person and Gopal married to the appellant when his daughter was aged about 8 years and the son was about 5 years old. It is further alleged that the appellant being the stepmother of her daughter Prerthana used to torture regularly on flimsy ground. Prerthana complained of her stepmother to her father. On 26th September, 2012 at about 8 a.m. the appellant again tortured her, as a result of which Prerthana could not bear such torture and committed suicide on the verandah of their house. Thus, the appellant abetted Prerthana to commit suicide by hanging.

Investigation culminated in filing of charge sheet against the appellant under Section 306 IPC. In order to bring the charge, prosecution examined 12 witnesses. Certain documents were marked exhibits. The learned Trial Judge on consideration of the evidence on record, both oral and documentary, convicted the appellant and sentenced him accordingly. The instant appeal is assailing the order of conviction and sentence.

Mr. Kallol Mondal, learned advocate for the appellant at the outset submits that in order to prove a charge under Section 306 of the IPC, the prosecution is under obligation to prove the ingredients of Section 107 of the IPC. Section 107 runs thus:-

'107. abetment of a thing.-a person abets the doing of a thing,

who-

(First)- 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, the doing of that thing.

Explanation 1.- a person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration a, a public officer, is authorized by a warrant from a Court of justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to a that C is Z, and thereby intentionally causes a to apprehend C. Here B abets by instigation the apprehension of .

Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.'

Plain reading of the above provision shows that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. In case of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing is more active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 of the IPC. a person abates the doing of a thing when

(1) he instigates any person to do that thing;

(2) engages with one or more than other persons