The main legal point established in the judgment is the requirement to prove mens rea and the accused's active role in instigating or aiding the commission of suicide for the offence of abetment under Section 306 IPC.

JUDGMENT :

1. By this acquittal appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”), appellant-State has challenged the legality and propriety of judgment of acquittal dated 13.05.2013 passed by the First Additional Sessions Judge, Manendragarh at Baikunthpur District Korea (C.G.) in Sessions Trial No.54 of 2012, whereby the trial Court has acquitted the respondents of the charges punishable under Sections 147 and 306 read with Section 149 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. Case of the prosecution, in brief, is that, Seema Rajwade (deceased) was studying in Class-XII and lived with her family at village Salka. Smt. Shyamkali, mother (PW-12), Nisha Rajwade, sister (PW-11), Shivshankar Rajwade, father (PW-1), Brijmohan Rajwade, uncle (PW-13) and Laxmikant Rajwade, uncle (PW-5) were also lived in same locality. On 10.12.2011, at about 3.30-4.00 P.M., accused along with other delinquent children came to the house of Seema Rajwade at village Salka, called her and started abusing her by stating that why she sent obscene SMS, upon which, she stated that she had not sent the SMS. She further stated that delinquent girl had sent the SMS, then accused stated that delinquent girl herself told them that said SMS had been sent by Seema. Accused started threatening Seema Rajwade by stating that “if she was a boy, they would have taken her away and now, they will see how she goes to study at Baikunthpur”. Thereafter, at about 8.00 P.M., Seema Rajwade consumed overdose of chloroquine tablets, as a result of which, she died. Based on the information of her family members, a crime was registered and after investigation, charge-sheet was filed.

3. So as to hold the accused guilty, the prosecution has examined as many as 18 witnesses. The statement of the accused were also recorded under Section 313 of the Cr.P.C., in which, they denied the circumstances appearing against them and pleaded innocence and false implication in the case. In order to prove the defence, accused have examined two defence witnesses, namely Aniruddh Singh (DW-1) and Aftab Ahmed (DW-2). Both defence witnesses have stated that all accused belong to Congress Party and regional MLAs belong to Bharatiya Janata Party, who had always been trying to implicate the accused in a false case and under their pressure, without conducting an impartial investigation, Police has falsely implicated the accused in aforementioned crime in question.

4. After hearing both the parties, learned trial Court vide judgment dated 13.05.2013, acquitted the accused. The trial Court arrived at a conclusion on the basis of postmortem report of deceased Seema Rajwade, which was given by Dr. Ashish Kumar Karan (PW-17) vide Ex.P16 and Ex.P17, in which, it was mentioned that Seema Rajwade had consumed excessive chloroquine tablets and she died as a result of its overdose. It has been made clear that Seema Rajwade had committed suicide. Both the parties have not made any objection to the effect that Seema Rajwade had committed suicide by consuming chloroquine tablets in large quantities.

5. Learned counsel for the appellant-State would submit that eyewitnesses to the incident are deceased's sister Nisha Rajwade (PW-11), mother Smt. Shyamkali (PW-12), uncle Brijmohan Rajwade (PW-13) as well as uncle Laxmikant Rajwade (PW-5) and it is clear from their statements that accused had gone to the house of Seema Rajwade, abused her and threatened her by stating that “if she was a boy, they would have taken her away and now, they will see how she goes to study at Baikunthpur”, as a result of said threat, she committed suicide under abetment, therefore, accused are guilty of abetment of suicide. He would further submit that judgment of acquittal passed by the trial Court is not justified. It is contended that prosecution has proved its case beyond reasonable doubt, as such, acquittal appeal be allowed.

6. Per contra, learned counsel for the re