The main legal point established in the judgment is the need for direct or indirect acts of incitement to the commission of suicide, the requirement of mens rea for abetment, and the caution against interference with judgments of acquittal unless there is perversity of facts and law.

JUDGMENT

Vikram Aggarwal, J. - This judgment shall dispose of the aforementioned criminal revision petition and application for leave to file appeal. The criminal revision petition is directed against the order dated 31.05.2011 passed by the Additional Sessions Judge, Hisar vide which the application filed by the petitioner-complainant for summoning respondents No.2 to 4(therein)as additional accused under Section 319 code of Criminal Procedure (for short Cr.P.C.) was dismissed. Since no stay was granted, the main trial itself was decided and the accused was acquitted giving rise to the application seeking leave to file appeal.

2. Since the main case itself was decided, the CRR-1808-2011 has been rendered infructuous and is disposed of as such.

3. The applicant-appellant seeks leave to file appeal against the judgment dated 16.01.2013 passed by the Sessions Judge, Hisar vide which the respondent-accused Vinod Kumar was acquitted of the charge framed under Section 306 I.P.C.

4. On 03.02.2010, one Sombir committed suicide by consuming some insecticide. He left behind a suicide note as per which Ran Singh, Bhima, Vinod, Virender and Rajesh who were partners of the deceased Sombir in a business of sale and purchase of property were not paying Rs.10/12 lacs which they were due to pay to Sombir. Fed up with this, Sombir committed suicide. On a statement given by his brother Jagbir Singh, Fir No.124 dated 03.02.2010 under Section 306/34 IPC at Police Station Sadar, Hisar was registered. Investigation commenced. Only accused Vinod was arrested and final report under Section 173 Cr.P.C. was submitted against him.The prosecutions examined 13 witnesses. No evidence was led in defence. After examining the matter, the trial Court acquitted the respondent-accused, leading to the filing of the present application for the grant of leave to file appeal.

5. Notice of this application was issued.

6. I have heard learned counsel for the parties and, with their assistance, have also gone through the record of the case.

7. Learned counsel for the applicant-appellant has submitted that the tria Court gravely erred in acquitting the respondent-accused. It has been contended that the prosecution had proved its case against the accused by leading cogent evidence and had proved the guilt of the accused beyond reasonable doubt. It has been submitted that the trial Court decided the matter as if it was deciding a civil suit and did not even make a reference to the suicide note. Learned counsel has contended that in the suicide note, the deceased Sombir had clearly stated that it were his partners who had driven him to commit suicide. Learned counsel has submitted that under the circumstances, the judgment deserves to be set aside.

8. On the other hand learned counsel for the respondent-accused and learned counsel representing the State of Haryana have submitted that there is no illegality in the judgment passed by the trial court. It has been contended that the prosecution had failed to prove its case against the accused and no case of abetment of suicide was made out. It has been submitted that under the circumstances, the trial court rightly acquitted the accused.

9. I have considered the submissions made by learned counsel for the parties.

10. Before adverting to the merits of the case, it would be essential to examine what would constitute abetment. Section 107 IPC defines abetment and lays down as under:-

'107. Abetment of a thing. - A person abets the doing of a thing, who - First. - Instigates any person to do that thing; or Secondly. - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly. - Intentionally aids, by an act or illegal omission, the going of that thing.

Explanation 1. - A person who, why willful misrepresentation, or by willful concealment of a material fact which he is bound to d