JUDGMENT :

YASHVIR SINGH RATHOR, J. 

1. The present revision petition has been filed for setting aside the order dated 03.02.2016 (Annexure P-1) passed by Court of learned Additional Sessions Judge, Karnal in Sessions Case No.29/15 dated 21.10.2015 arising out of FIR No.536 dated 01.08.2015 registered under Section 306 of IPC at Police Station Sadar, Karnal, whereby charge under Section 306 of IPC has been framed against the petitioner.

2. Brief facts of the prosecution case are that on 01.08.2015, an information was received in the Police Station that one Krishan resident of Mohadinpur has committed suicide by hanging himself. After receiving this information, ASI Naresh Kumar along with Head Constable Randhir Singh reached at his house, where his father Ram Parkash met him and got recorded his statement to the effect that he has got four daughters and one son, who all are married. His son Krishan, aged 30 years, was married in Village Nagla Megha and his wife Seema had died in a road accident at Kaithal on 21.07.2015. Today, at about 08:00 PM, his son informed him that Joginder (petitioner) has threatened him that in case he will pursue the case relating to the death of his wife, he will kill him. Being perturbed by the said threat by Joginder, his son Krishan committed suicide by hanging himself from the ceiling fan and he sought action against him. Thereafter, the investigation was set into motion. The post-mortem examination of the dead body of deceased was got conducted and the statements of witnesses were recorded. Accused was arrested on 04.08.2015. On interrogation, he suffered disclosure statement to the effect that on 21.07.2015, he was coming from Dhand to his village Dakwala on his motorcycle and when he reached on the Kachhwa bridge, Seema, wife of Krishan, who was known to him, met him and she took lift from him on his motorcycle. When he crossed bridge on the canal on Kaithal road, one truck came from behind and hit his motorcycle resulting in her death. Regarding this incident, he had got registered one FIR. He further disclosed that the said truck driver had been approaching Krishan to enter into a compromise and when Krishan had refused to compromise the matter, he had threatened to kill him in a fit of rage. After completion of investigation, final report under Section 173 of Cr.P.C. was presented. After supplying a copy of challan to the accused as required under Section 207 Cr.P.C, the case was committed to the Court of Sessions for trial. Vide impugned order dated 03.02.2016, accused has been charged for the offence under Section 306 of IPC.

3. Feeling aggrieved, the revision petition in hand has been instituted and the record has been perused. All the parties have been heard.

4. Learned counsel for the petitioner argued that the impugned order vide which petitioner has been charged for the offence under Section 306 of IPC is manifestly illegal. Even if the allegations levelled in the FIR are taken to be true on the face of it, no offence under Section 306 of IPC is made out as no inducement was caused by the petitioner so as to compel the deceased to commit suicide. Learned counsel next contended that from the allegations levelled in the FIR, no mens rea on the part of the accused is also prima facie established which could constitute instigation or an act to abet the commission of suicide. Learned counsel next contended that the prosecution must show a clear mens rea on the part of the accused to drive a victim to commit suicide, and that the victim had no other option but to take the extreme step of committing suicide. Mere alleged threat that in case he will not compromise the case with the driver of the offending truck which caused the accident resulting in the death of his wife will not constitute instigation, conspiracy or intentional aid as defined under Section 107 of IPC. Learned counsel argued that the Court of learned Additional Sessions Judge, Karnal has not appreciated the facts of the case in t