( 1 ) BRIJ Lal and Kanta Devi, a married couple, challenge in revision the order of the trial court directing that a charge be framed against them for an offence under Section 306 read with Section 34 Indian Penal Code, of abetment of suicide by Durga Devi, mother of Brij Lal. The victim died of self-immolation and the petitioners were sent up for trial, on the basis of two dying declarations, on the allegations that the petitioners were guilty of "abetting" suicide by "ill-treatment", "neglect", "humiliation" and even a suggestion that she should "die by drowning in Yamuna". It is an unusual case of mother-in-law having been allegedly driven to put an end to her life on account of maltreatment by the son and the daughter-in-law. It is, in a sense, a case of "reverse" maltreatment of a mother-in-law in which the son allegedly colluded or actively participated.

( 2 ) DURGA Devi was living with the couple. She was 64 years of age. On February 12, 1983, she committed suicide. The couple must have been married mure than 10 years ago because, according to one of the two declarations, the victim had been living with them for the "last 10 years". Durga Devi, who died in hospital on the morning of February 14, 1983 had made two dying declarations. She is alleged to have set fire to her clothes at about 2. 30 A. M. She was in the hospital by 4 a. m. The first declaration was made before the attending doctor and was attested by a Sub-Inspector of Police. It was recorded in Hindi. There is no mention of the time but it must have been recorded between 4 a. m. and 8. 55 a. m. on the date of the incident. This is how its free English translation runs :-

"i state that I live on the above address. My younger son Brij Lal also lives there with me. Today at about 2. 30 A. M. while lightening jyoti for Hanuman worship I set myself to fire with the match slick as I was in great trouble. My daughter-in-law Kanta Devi used to trouble one and two days before I even had a quarrel with her and I had left the home. I again came back home and in the night I told everyone in the family that I should be given Rs. 200. 00 for my expenses as I needed the same. Nobody gave me the money and my son Brij Lal asked me to leave his house. On account of being fed up I set myself to fire in the night as my daughter-in-law was not giving me milk and tea. I was in great trouble and they used to say that I should die. "the second was made again while in hospital, at 8. 55 A. M. on the same day. This was recorded by a Sub-Divisional Magistrate, who happened to be an Assamese. The S. D M. couldn t have recorded it in Hindi, and the victim was illiterate and knew no English. This declaration was. therefore, recorded in English. This is how it runs :-

"smt. Durga Devi has stated in her declaration that her daughter-in- law Smt. Kanta wife of Brij Lal her son was also calling her all sort of bad words, not giving her food and also giving all sorts of troubles, her son also used to give her bad words at the instance of her daughter-in-law Smt. Kanta told her to die by drowning in Yamuna and she was told to open the Trunk of Smt. Durga Devi and to give the money in the presence of elder son. As her daughter-in-law was not behaving properly and she could not spare anyone. She herself put the match stick on the quilt and burnt. She was living with her son Brij Lal for the last 10 years and she was being harassed by her daughter-in-law and her son for the last two years. Kanta had told many thing but I could not remember. She has got nothing to say". In the trial court, the couple sought discharge on the ground that, on the dying declarations, the only material on which thich they had been sent up for trial framing of charge was not justified as there was no material to show any abetment by way of "instigation", "illegal omission", "persuation" or "any consistent course of torture", neglect or harassment", which could be said to have driven her to take her own l