I.A. Ansari, J.

1. With the help of this application, made under Section 482, Cr PC, the petitioner, who is an accused in Samguri PS Case No. 192/09 under Section 306, IPC, has sought for setting aside and quashing the first information report (in short "the FIR"), which gave rise to the registration of the said case. I have heard Mr. A.M. Bora, learned counsel appearing for the accused petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam. None has appeared on behalf of the informant- opposite party No. 2.

2. Before entering into the merit of the present application, made under Section 482, Cr PC, it may be noted that the allegations made in the FIR are, in brief, thus : On 24.9.2009, a false allegation was brought by M/s. R.D. Motors against the informant's son, Pranjal Goswami, which led to the arrest of the said Pranjal Goswami (since deceased) by Haibargaon Police Outpost and, in consequence thereof, the said Pranjal Goswami was harassed, both mentally and physically, so much so that in the presence of the police personnel, the accused-petitioner, Vishal Agarwal, who is one of the owners of M/s. R.D. Motors, had physically assaulted Pranjal Goswami and the result of such assault and mental harassment was that the informant's son, Pranjal Goswami, committed suicide, on 29.9.2009, at about 11 a.m.

3. The question, which the present application raises for consideration of this Court, is : Whether the allegations, made in the FIR, attracts the penal provisions of Section 306, IPC and, if not, what action, if any, was required to be taken by the police on receipt of the said FIR.

4. Before answering the question posed above, it may be noted that Section 306, IPC reads as under :-

S. 306. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

5. While dealing with the scope of Section 306, IPC, it is necessary that one understands as to what the word 'abetment' conveys under the Indian Penal Code. Section 107, IPC, which is most relevant in this regard, reads:

A person abets the doing of a thing, who-

First--instigates any person to do that thing; or

Secondly--engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;

Thirdly, intentionally aids, by any act or illegal omission, the doing of that thing.

6. Broadly speaking, 'abetment', as contemplated in Section 107, IPC, falls into three distinct categories, namely, (i) a person can be said to abet the doing of a thing, when such a person instigates the other person to do that thing or (ii) when a person engages with one or more other persons in any conspiracy in the doing of that thing or (iii) when any person intentionally aids, by any act or illegal omission, doing of a thing.

7. In short, thus, the offence of 'abetment' is committed, when a person instigates another to do a thing or when he enters into a conspiracy for doing of a thing or when he intentionally aids, by illegal act or omission, the doing of that thing.

8. The question, now, is as to whether 'intention' is an integral part of the offence of 'abetment'. In this regard, it is necessary to point out that when a person enters into a conspiracy to do a thing, he not only knows, but also intends the effect of doing that thing, which he has conspired with one or more persons to do. Similarly, when such a person commits the offence of abetment by aiding, such aiding, in the face of the provisions of Section 107, IPC, has to be intentional.

9. The limited question, therefore, which remains to be ascertained, is this : Whether 'abetment' by 'instigation' involves 'intention'?

10. According to Oxford Dictionary, 'instigation' means "to goad or urge forward to prove, incite, encourage to do act". Stroud def