Prosecution must prove abetment under Section 306 IPC requires clear evidence of instigation; the trial court's acquittal upheld due to lack of such evidence.

JUDGMENT :

Radhakishan Agrawal, J.

1. This appeal against acquittal has been preferred by the Appellant/State, arising out of the judgment dated 16.06.2015 passed by the Sessions Judge, Rajnandgaon, C.G., in Sessions Trial No. 89/2014, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Section 306 read with Section 34 of the Indian Penal Code (for short, 'IPC').

2. Case of the prosecution, in brief, is that on 16.10.2014, at about 13:05 hours, respondent No.1- Kamlesh Kumar Sahu, husband of the deceased, lodged a merg intimation (Ex.P-19) stating that his marriage with the deceased-Teja Sahu was solemnized according to the rites and rituals of their community in the year 2011 and that both of them were working as teachers (Shiksha Karmi) in different schools. It is further stated that out of their wedlock, one child was born on 12.09.2014 and the deceased was on maternity leave for a period of six months and the naming ceremony of the newborn child was fixed on 17.10.2014. It is also stated that on 16.10.2014, he had gone to attend his duty at Primary School, Mangatola, while the deceased and her mother (respondent No.3) were present at home. At about 12:00 pm, he came to know that deceased- Teja Bai has poured kerosene oil over her body and committed suicide by setting herself ablaze in the house of PW-1- Shatrughan Lal, uncle of the deceased. Thereafter, he went to the spot and reported the matter to Police Station Chilhati, District Rajnandgaon. After that, inquest proceedings were conducted vide Ex.P-3 and the dead body of the deceased was sent for postmortem examination. PW-12 Dr. R.R. Dhurve, conducted the postmortem examination and submitted his report vide Ex.P-15, opining that the cause of death of deceased was shock due to antemortem burn injuries and that the nature of death was suicidal. During investigation, on 30.10.2014, PW-5- Hari Ram Sahu, maternal grandfather of the deceased, lodged a written report (Ex.P-13), alleging that the accused persons used to physically assault the deceased, abuse her filthily, and also pressurize her to abort her pregnancy, which ultimately led her to commit suicide by setting herself ablaze, pursuant to which, FIR was registered against accused persons vide Ex.P-18. After that, a spot map was prepared vide Ex.P-4. From the accused/respondent No.1- Kamlesh Kumar Sahu, one diary and other documents were seized vide Ex.P-5. From the spot, plastic containers emitting the smell of kerosene, one matchbox, burnt clothes of the deceased, etc., were seized vide Ex.P-7. Vide Ex.P-14, the marriage card of the deceased and respondent No.1 and the deceased’s teacher diary were seized. Vide Ex.P-16, pieces of burnt body parts of the deceased were seized. The accused persons were taken into custody vide Exs.P-8 to P-10 respectively.

3. Statements of the witnesses were recorded and upon completion of the investigation, a charge sheet was filed against the accused persons/respondents before the competent trial Court under Section 306 read with Section 34 of IPC. The accused persons/respondents denied the allegations, pleaded not guilty and prayed for a trial.

4. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused persons/respondents herein of said charge leveled against them.

5. Learned counsel for the Appellant/State submits that the learned trial Court is unjustified in acquitting the accused persons/respondents herein of said charg