BADAR DURREZ AHMED, J.

( 1 ) THIS Revision Petition is directed against the order on charge dated 14. 10. 2005 passed by the learned Additional Sessions Judge against the petitioner for having committed an offence punishable under Section 306 of the Indian Penal Code. The charge against the petitioner is that on 22. 7. 2004 at 1. 30 p. m. at the house of Satpal, Harijan Basti, Rangpuri, the petitioner had abeted in the suicide committed by Vivekananda Pandey and thereby committed an offense under Section 306 IPC.

( 2 ) THE brief facts as indicated in the charge sheet are that on 22. 7. 2004 on receiving DD No. 48a, S. I. Ziley Singh along with constable Dhan Singh went to the spot at the house of Satpal at Ranagpuri, where one man had committed suicide whose name was found to be Vivekanand Pandey. It is indicated in the charge sheet that on searching the body of the dead man one suicide note was found in which the present petitioner (Neeraj Gupta) was mentioned as being responsible for the suicide. On 22. 7. 2004, the deceased Vivekanand Pandey's wife did not give any statement as she was in a state of shock. The Postmortem examination was conducted on 23. 3. 2004 On 24. 7. 2005 Smt. Mithlesh Pandey, wife of the deceased, came to the police station and got her statement recorded. In her statement, it is indicated that she and her husband, the late Vivekanand Pandey, knew Neeraj Gupta for the last about two years and that Neeraj Gupta use to visit their house. He allegedly used to tell her husband that he would get a hotel for him and also construct a house and requested Vivekanand Pandey to stop the work of gas supply. It is further stated by Smt Mithlesh Pandey that her husband had taken loans from various people and gave the money to Neeraj Gupta for the setting up of the said hotel and for the construction of a house. It is further stated by her that Neeraj Gupta was unable to get the hotel opened for her husband. The creditors from whom her husband had taken loan use to come to their house demanding the return of their money. She stated that her husband was very upset as, on the one hand, Neeraj Gupta had refused to return the money which was taken by him and, on the other hand, there was a constant pressure of the creditors demanding money from her husband again and again. Her husband became extremely upset and was under depression for several days and ultimately committed suicide on 22. 7. 2004

( 3 ) THE suicide note recovered by the police in this case also indicates that the deceased Vivekanand Pandey was upset with the present petitioner. The suicide note (English Translation) is to the following effect:-To, The SHO It is requested with folded hands that Neeraj Gupta is the reason for my death whose shop is near the Aggarwal Sweet and phone No. is 26788585. Neeraj Gupta is responsible for my disaster. Neeraj Gupta must be made to pay to all those persons from whom I had taken loan. If he does not pay then he should be hanged like me. I have a small daughter and her mother. There is no one to look after them. And SHO as you desire. Vivekanand Pandey 22. 7. 04.

( 4 ) THE learned counsel for the petitioner pointed out that the transaction between the present petitioner and the deceased Vivekanand Pandey was a commercial transaction. He submitted that at best the hopes and aspirations of the deceased Vivekanand Pandey could be said to have disappeared inasmuch as Neeraj Gupta was unable to set up the hotel which he had allegedly promised to do. He submitted that this would not fall within the four corners of Section 306 IPC which has to be read along with Section 107 IPC which defines abetment. He submitted that there is no element of mens rea which could be attributed to the present petitioner so as to suggest that the petitioner incited, goaded, provoked, urged or encouraged the deceased Vivekanand to commit suicide. There is, of course, no allegation with regard to any conspiracy or of aiding in the commission of su