Vague suicide note allegations of harassment and blackmail without proximate inciting act or mens rea do not constitute prima facie abetment to suicide under Section 306 IPC, justifying discharge at pre-trial stage.

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the order dated 04.03.2024, passed by learned Additional Sessions Judge-I, Mandi, Camp at Karsog, District Mandi, H.P. (learned Trial Court) vide which the respondents (accused before the learned Trial Court) were discharged. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court for the commission of an offence punishable under Section 306, read with Section 34 of the IPC. It was asserted that Nirmla Devi@ Krishna, accused No.1, and Gian Chand (since deceased) were married to each other. They used to quarrel, and Nirmla Devi used to leave her matrimonial home. Nirmla Devi and Gian Chand had quarrelled one month before the incident. Nirmla Devi inflicted an injury on the head of Gian Chand by means of a ladle, but this fact was not reported to anyone. Nirmla Devi went to her parental home with her daughter, Sakshi, 10 days before the incident. Informant Dinesh, his grandmother Vinti Devi and cousin Chetan were at home on 25.07.2021, when Gian Chand came to the house in a state of intoxication. He handed over his purse to the informant. Dinesh told him that he (Gian Chand) was going to the house of Surat Ram. The informant went to sleep. He saw Gian Chand standing near the almond tree at about 5:30 a.m. The informant and his grandmother went to the tree, and they found that Gian Chand had hanged himself. The informant tried to cut the rope, but he was stopped by Ghanshyam. The informant checked the purse and found a suicide note mentioning that Gian Chand was unhappy with his life. Nirmala Devi had spoiled his life and the life of Kirna. Gian Chand and Kirna used to have affection for each other, but they were defamed, and nobody believed them. Nirmala used to beat Gian Chand, and he had sustained an injury to his head. The cause of his death was Narvada Devi, Shanti Devi, Bablu and Parvati, who had blackmailed him. Tara Chand had also spoiled two households. Nirmla Devi @ Krishna was saying that either she should be divorced or a room should be taken for heron rent, but Gian Chand was unable to take the room on rent. He had also taken a room earlier on rent for her. He left his home for the happiness of Nirmla Devi. She used to say that she had kept three other husbands. Narvada and Shanti were responsible for his death. The police seized the suicide note and the admitted handwriting of Gian Chand. The post-mortem examination of the dead body of Gian Chand was conducted at IGMC, Shimla. The report of the post- mortem mentioned the cause of death as asphyxia secondary to ligature compression of the neck, consistent with antemortem hanging. The suicide note tallied with the admitted writing of Gian Chand. It was found during the investigation that Nirmala Devi @ Krishna had quarrelled with Gian Chand. Nirmla Devi and her relatives had compelled the deceased to commit suicide. Hence, a chargesheet was filed before the Court.

3. Learned Trial Court took cognisance of the commission of the offence and summoned the accused. Learned Trial Court heard the parties on charge and held that the accused persons, except Nirmla Devi @ Krishna, were distant relatives of the deceased and residents of different villages. No specific alleg