Can a person be said to have abetted another person to commit suicide under section 306 of Indian Penal Code (IPC, for short) by merely telling the other in public, “why can’t you go and die etc.”? What is meant by ‘abatement’? What is ‘instigation’? What is the scope of such expressions in section 306 and 107 IPC? My endeavor in this case will be to decide these questions in the factual back ground of this case.

2. Petitioners seek to quash proceedings initiated against them by a judicial First Class Magistrate’s Court in so far as charge under section 306 IPC is concerned. He is charge sheeted for other offence also. According to prosecution, deceased Joseph Owed Rs.200/- to one of the accused/petitioners, on account of purchase of certain articles from his bakery. He did not pay back the money and hence on the date of occurrence, accused/petitioners called deceased Joseph to the bakery of accused, wrongfully restrained him and abused him in public. Second accused also beat him on his face. Petitioners allegedly acted in furtherance of a common intention.

3. Deceased Joseph felt insulted and on reaching his house he divulged his embarrassment to his wife. On the same