Mr. Nawab Singh, J.: (Oral) - This order shall dispose of Criminal Revision Nos.1782 of 2010 and Criminal Revision No. 2271 of 2010 filed by complainant and the State of Haryana respectively against the order dated May 11th, 2010 passed by Additional Sessions Judge, Panipat vide which application filed by Daya Nand-complainant under Section 319 of the Code of Criminal Procedure for summoning Rakesh Bura as an additional accused in case bearing First Information Report No.424 dated May 15th, 2009 under Sections 109, 294, 306, 341, 509/120-B Indian Penal Code (for short ‘the IPC’), Police Station City Panipat was dismissed.

2. On October 1st, 1997, Neelam daughter of Daya Nand-complainant was appointed as Lecturer of English in Government Senior Secondary School, Siwah, District Panipat. She remained posted there upto November 10th, 2007. On November 10th, 2007, she was transferred to Tehsil Camp School, Panipat, where Rakesh Bura was the Principal. On January 24th, 2009, she was transferred from the said school as she was being harassed by her colleague Rajinder Kumar and Rakesh Bura. She died on February 11th, 2009. Postmortem examination was not conducted on her dead body. On May 15th, 2009, the complainant lodged complaint with the Police of Police Station City Panipat. First Information Report (Annexure P-1) was registered against Rakesh Bura and Rajinder Kumar. The matter was investigated by Deputy Superintendent of Police, Panipat and it was found that Rakesh Bura did not abet the commission of suicide. Accordingly, he was not challaned. During trial, complainant appeared as witness (PW-3) and deposed that in the year 2008, Rakesh Bura and Rajinder Kumar–accused started harassing his daughter unnecessarily, physically, sexually, socially and emotionally. She moved application against them but no action was taken. About the harassment, she did not disclose to him rather she disclosed it to her mother Laxmi Devi. She was transferred from Government Senior Secondary School, Siwah, District Panipat to Tehsil Camp School, Panipat on January 24th, 2009 and she felt humiliation at the hands of Rakesh Bura. She got mentally depressed and on account of that, she committed suicide on February 11th, 2009.

3. Learned counsel for the petitioner and the State counsel have urged that a perusal of the statement of complainant shows that offence under Section 306 IPC was also committed by Rakesh Bura because he abetted the deceased to commit suicide.

4. Learned counsel for the petitioner has further submitted that prior to her death, Neelam had written letters (Annexures P-12 & P-13) to the Superintendent of Police and Deputy Superintendent of Police, Panipat respectively complaining against the misbehaviour of Rajinder Kumar. She has not stated even a word in these letters against Rakesh Bura. However, in another letter (Annexure P-14) she complained to the District Education Officer, Panipat against Rajinder Kumar stating that Principal also did not try to stop Rajinder Kumar from doing such acts. Reference to these letters was particularly made by learned counsel for the petitioner and State counsel to say that the fact that Rakesh Bura did not stop Rajinder Kumar from doing such acts shows that by his illegal omission, he was aiding or abetted commission of suicide.

5. On the other hand, counsel for Rakesh Bura has stated that the deceased died a natural death as is evident from the affidavit (Annexure P17) filed by the complainant that his daughter died a natural death on February 11th, 2009 and it shows that she did not commit suicide.

6. It is settled law that for conviction of a person under Section 306 of the Indian Penal Code there has to be a clear mens rea to commit the offence. It also requires an active act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide and abetment involves a mental process of ins