The main legal point established in the judgment is the requirement for clear mens rea and direct or active act by the accused to establish the offence of abetment under Section 306 of the IPC. The judgment also emphasizes the need for tangible evidence of instigation, cooperation, or initial assistance by the accused to establish abetment of suicide.

J.B. Pardiwala, J.

1. Since the prayer in all the three captioned applications is to quash a selfsame charge-sheet, those were heard analogously and are being disposed of by this common judgment and order.

2. The suicide is final: Once you take your life, that's it. You have only one life. End it - and you are done. You will never, ever get a second chance. The one who keeps you strong when nobody else does. The one who stands by you when everyone walks out. Imagine the pain, the sadness, the grief they would feel when you are gone. Even if you don't think, you have a special person worth living for, you do. You just don't know it yet.

3. By these three applications, the applicants-accused, seek to invoke the inherent powers of this Court, praying for quashing of the charge-sheet filed by the Investigating Officer, against them for the offence punishable under Sections 306, 506 and 115read with section 114 of the IPC, arising from a First Information Report, being C.R No. I-102/13, registered with the “A” Division Rajkot City Police Station, Rajkot.

4. The case of the prosecution may be summarized as under:-

4.1 The applicants herein are all members of a residential society, running in the name of Chhotunagar Co-operative Society, situated at Raiya Road, Rajkot. The Society had employed one Mansing (since deceased) as a Part-time Peon for doing miscellaneous office work of the Co-operative Society. The Chairman of the Society had allotted one room constructed on the common plot to Mansing for living in it without any rent. Mansing and his wife Vasumati along with their children were residing in the said room. In the night hours, Mansing used to work as a Watchman in the Society as well as in the surrounding areas. The Society used to pay some amount to Mansing for his services. Mansing passed away some time in the year 2009. The wife of Mansing and his children started residing at Deepak Society, situated near the Gandhigram Kanaiyachowk. Since the house situated in Deepak Society required some immediate repairs, the children of late Mansing started putting up construction of one additional room besides the old room situated on the common plot of the Society. This triggered the controversy between the members of the Society and the family members of late Mansing. The members of the Society opposed the construction of the room on the common plot of the Society adjacent to the old room, in which at one point of time Mansing used to stay with his family. The issue reached right upto the Rajkot Municipal Corporation. The Corporation also issued notice to the son of late Mansing, namely Bharatbhai Mansing Nepali, under Section 260(1) of the BPMC Act, regarding the illegal construction. It appears that a Civil Suit was also filed by one of the deceased persons, namely Girishsing Nepali, challenging the order -notice issued by the Corporation under Section 260(2) of the BPMC Act.

4.2 It appears that on account of such dispute, the entire family of late Mansingh committed suicide by setting themselves on fire after dousing with kerosene. The First Information Report was lodged by one Gauriben, the wife of Girishbhai Nepali, as regards the incident of suicide.

4.3 The exact picture of the incident is narrated by Shantaben Nepali, the mother of late Mansing in her statement dated 5.4.2013. The free English translation of her statement, which forms part of the charge-sheet, reads as under:-

“Date : : 05/04/2013

My name is Shantaben w/o Damarsinh Vishwakarma [Nepali], Aged about 80, Occupation - Housewife, Address Chhotunagar Society, Common Plot Raiya Road, Rajkot.

On personally asking I state that I am residing at the above address with my family and doing household work. I had one son named Mansing. He had expired about four years ago. The name of his wife is Vasumati. At present she is in hospital under treatment. Mansing had three sons, of them Bharat was the eldest, and at present he had died in the recent incident took place. The nam