JUDGMENT

Vivek Singh Thakur, J. - On 24.9.2012 at about 4.25 p.m., after receiving a telephonic call in Police Post, Sanjauli, that near Nav Bahar at Kala Dhaank (Cliff), adjacent to Durga Gas Agency, two school girls had fallen, Assistant Sub Inspector, Incharge Police Chowki, rushed to the spot alongwith Police officials and found blood spread on the spot as by that time both the girls had been taken to Indira Gandhi Medical College & Hospital, Shimla (IGMC). On arriving at IGMC, it came to knowledge of the police that the girls had been declared dead.

2. On 28.9.2012, on the basis of complaint received from parents/guardians of 12 years old deceased girls, FIR No.164/2012 dated 30.9.2012 was registered, under Section 306 of the Indian Penal Code (for short 'IPC'), against the Mathematics Teacher (Petitioner) and Principal of the School, for abetting the girls to commit suicide.

3. After completion of investigation, as per Challan presented in the Court, no case under Section 306 IPC against the Principal as well as the petitioner was made out. However, it was concluded by the Investigating Officer that there was evidence on record that Class Teacher (petitioner) had slapped dece