1. This appeal is directed against the judgment dated 4.8.2000 passed by the 2nd Additional Sessions Judge, Rajnandgaon in Sessions Trial No.29 of 2000 convicting and sentencing each of the Appellants as under:

Conviction	Sentence
Under Section 306 of the Indian Penal Code	Rigorous Imprisonment for 7 years and fine of Rs.5,000/- with default stipulation

2. The prosecution story, in brief, is that deceased Neelkamal was employed as a driver in Pujari Industry owned by the present Appellants/accused. It is alleged that on 2.8.1999 at about 9:30 a.m., vehicle of the industry/company was not getting started. At that time, Appellant Manoj came there and asked why the vehicle was not taken by the deceased by pushing. The deceased replied that the vehicle needs self work. On this, Appellant Manoj abused the deceased in the name of his mother and sister and beat him also. On being demanded his labour wages by the deceased, Appellant Manoj refused to pay him the wages. The incident was witnessed by Chetan and Billu. It is alleged that both the Appellants levelled a false allegation of commission of theft of diesel on the deceased due to which the deceased was under depression. On 5.8.1999, he consumed poison and committed suicide. He was taken to hospital by his family members, where he was declared to be dead. On receiving a memo from the hospital, morgue intimation (Ex.P12) was recorded. Inquest (Ex.P1) was prepared on 6.8.1999. Post mortem examination was conducted by Dr. S.P. Kesharwani (PW7). His report is Ex.P15 in which he found that the cause of death was asphyxia due to consumption of poison and the nature of death was suicidal. During preparation of inquest (Ex.P1), from the pocket of the deceased a photo copy of his driving licence behind which a suicidal note was allegedly written by the deceased was seized vide Ex.P17. On 7.8.1999, letters (Ex.P5 to P9) allegedly signed by the deceased and one typed report/complaint dated 2.8.1999 (Ex.P10) allegedly signed by the deceased were also seized from possession of Suraj Kumar (PW2), brother of the deceased vide Ex.P4. On the basis of morgue inquiry, First Information Report (Ex.P21) was registered on 10.8.1999. Viscera of the deceased was sent to the Forensic Science Laboratory for chemical examination. FSL Report is Ex.P23 in which it is reported that Organo Phosphorous Pesticide–Demecron was found in the viscera of the deceased. Statements of witnesses under Section 161 of the Code of Criminal Procedure were recorded. On completion of the investigation, a charge-sheet was filed against the Appellants for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code. Charge was framed against them under Section 306 of the Indian Penal Code.

3. In support of its case, the prosecution examined as many as 13 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt and pleaded innocence. No witness has been examined in their defence.

4. After trial, the Trial Court convicted and sentenced the Appellants as mentioned in the first paragraph of this judgment. Hence, this appeal.

5. Learned Counsel appearing for the Appellants argued that the Appellants have been falsely implicated in the case. None of the ingredients of Section 107 of the Indian Penal Code regarding abetment is attracted to the present case. 20 days prior to the date of incident the deceased was employed in the factory/industry of the Appellants. As per the allegation, the altercation took place on 2.8.1999. Thereafter, the deceased left the job and went away. The deceased committed suicide on 5.8.1999. No evidence is available on record that after 2.8.1999 the deceased met with any of the Appellants or any talk took between him and any of the Appellants. It is