IMPORTANT POINT
To establish a charge under Section 306 IPC, there must be evidence of instigation or abetment, which can be inferred from the accused's actions that create circumstances leading the victim to commit suicide. The court must assess whether the allegations, taken as a whole, establish a prima facie case for proceeding with the trial.

JUDGMENT :

Robin Phukan, J.

Heard Mr. D.K. Bhattacharyya, learned Counsel for the petitioner and also heard Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent No.1. Also heard Mr. T. Deowri and Mr. D.S. Deka, learned counsel for respondent No. 2.

2. In this petition, under Section 397 read with Section 401 Cr.P.C., the petitioner, namely, Shri Kankan Das, has put to challenge the legality, propriety and correctness of the order, dated 03.02.2024, passed by the learned Sessions Judge, Bajali and also for quashing the entire proceeding of Sessions Case No. 39/2023, pending before the said court. It is to be noted here that vide impugned order, dated 03.02.2024, the learned Sessions Judge, Bajali had framed charge against the petitioner under Section 306 IPC.

3. The background facts, leading to filing of the present revision petition are adumbrated herein below:-

“Shri Dipak Kakati, the respondent No.2, is an inhabitant of Niz-Sathi Samuka village, under Patacharkuchi P.S. Smti. ‘X’ (Name withheld) was his daughter, who had committed suicide on 06.01.2020, at about 12 O’clock at noon, by hanging from a ceiling fan with one ‘ gamocha’. His daughter used to talk with Kankan Das, the present petitioner, from her mobile No. 9101785391 to his mobile No. 9678021266 and his family members were acquainted with the said fact. Therefore, he suspects that Kankan Das is the cause of death of his daughter, who used to talk with his daughter and also sent messages threatening her, prior to the occurrence. Stating inter-alia amongst others, the respondent No. 2, then lodged one FIR with the Officer-in-Charge, Patacharkuchi Police Station on 06.01.2020.

Upon the said FIR the Officer-in-Charge, Patacharkuchi P.S. registered a case, being Patacharkuchi P.S. Case No. 15/2020, under Section 306 IPC and endorsed women Sub-Inspector (W.S.I.) of Police, namely, Smti. Karpunpuli Doley, to investigate the same. The Investigating Officer (I.O.) then visited the place of occurrence (P.O.), examined the witnesses and prepared sketch map of the P.O. and held inquest on the dead body of the deceased and collected the report and also sent the dead body for autopsy and collected the report. The I.O. also seized the mobile phone of the petitioner with SIM Card No. 9678021266, preparing seizure list. The I.O. also seized one mobile hand set of the deceased with SIM Card No. 9101785391. Thereafter, on completion of investigation, the I.O. had laid charge sheet against the present petitioner, under Section 306 IPC, having found out a prima facie case against him, under the said section of law, before the court of learned Chief Judicial Magistrate, Bajali. The learned Chief Judicial Magistrate, Bajali then committed the case to the court of learned Sessions Judge, Bajali after complying with the provision of Section 207 Cr.P.C., as the offence is triable, exclusively, by the court of Sessions.

Thereafter, the learned Sessions Judge, Bajali, after hearing learned Advocates of both sides, had framed charge under Section 306 IPC against the present petitioner vide impugned order dated 03.02.2024, which is read as under:-

03.02.2024

Accused Kankan Das is present. Heard learned P.P. (I/C) and learned counsel for the accused on the point of framing of charge.

Considering the submission and on perusal of the case record and material furnished by the I/O under section 173 Cr.P.C. it appears that there are grounds for presuming that accused Kankan Das has committed the offence under section 306 IPC.

Accordingly, the charge u/s 306 IPC against the accused Kankan Das is framed. The charge so framed is read over and explained to the accused person to which he pleaded not guilty and claimed to be tried.

Accordingly, issue summons to the prosecution witnesses. The prosecution side is to take steps immediately.

Fix:- 26/04/2024 for evidence

Sd/

Sessions

Judge, Bajali, Pathsala”

4. Being highly aggrieved by the said order, dated 03.02.2024, of the learned Sessions Judge, Bajali, the petit