The main legal point established in the judgment is the requirement of mens rea and intention to aid the commission of suicide for the offence of abetment under Section 306 I. P. C.

( 1 ) SMT. Asha Shukla wife of Dr. S. D. Shukla has filed this revision against the order dated 18-5-2001 passed by VI Addl. Chief Judicial Magistrate, Ghaziabad in case No. 522 of 2001 State v. Smt. Asha Shukla under Section 306 I. P. C. whereby the learned Magistrate on the basis of charge sheet submitted by police after investigation has taken cognizance and summoned the applicant as accused to face trial.

( 2 ) DECEASED of this case were smt. Nimisha and her husband Praveen Sharma. On 21-3-1998 they both were found dead as a result of hanging in the rented house of Praveen Sharma. Deceased Nimisha was the daughter of the applicant in revision while Praveen Sharma was son of Shri V. D. Sharma who in this revision has filed his own counter affidavit in reply to the affidavit filed on behalf of the applicant.

( 3 ) IN the affidavit filed in support of this revision it is alleged that the applicant is an educated lady of about 53 years of age. Her father was a Senior Professor and Dean Faculty of Commerce and Business Management in Banaras Hindu University. She is a post graduate in Sanskrit and is married to Dr. S. D. Shukla. Dr. Shukla is Professor and Head of Geology Department and also officiated as Principal in S. G. R. R. Post Graduate College, Dehradun. Three real brothers of applicant are also highly educated and well settled. Eldest is Senior Manager in L. I. C. , second is General Manager and Youngest is Head of the Department in S. N. Medical College, Agra. After her marriage, applicant started residing at Dehradun with her husband. Two children were born to them, namely, Nimisha and Nishith. The son of applicant is a computer engineer and M. B. A. and is well settled in Delhi. Marriage of applicants daughter Nimisha was negotiated and settled with Praveen Sharma through advertisement who had completed A. M. I. and was posted as Junior Engineer in C. P. W. D. at New Delhi. All these facts have not been denied in the counter affidavit filed on behalf of opposite party No. 2.

( 4 ) AS per applicants case a huge dowry was given in the marriage of her daughter with Praveen Sharma. However, the demands of dowry continued to be made even after the marriage by her in-laws and since the deceased Nimisha was the only daughter of the applicant, she and her husband, to the best of their capacity, fulfilled those demands but in-laws of the deceased continued to treat applicants daughter with cruelty so much so that she was not even permitted to talk to her parents on phone and the applicant and her husband were never welcomed at the house of in-laws of Nimisha. Salary of Praveen Sharma was about Rs. 4000. 00 after deductions and as he was preparing for competition there was no extra income for the family. His father used to pressurize him to either start earning more or bring money from her in-laws. Since the husband and wife both were highly educated and their relations were extremely cordial they started living separately from their parents. Separate Gas connection and all other necessary requirements were supplied to by the applicant. There was yet another reason of separate living as elder brother of Praveen Sharma, Shri Rajiv Sharma, had no issue, his father, mother and other family members decided to give the newly born son of applicantss daughter to elder brother of Praveen Sharma for which applicants daughter was not agreeable. Praveen Sharma started living in a separate house on a monthly rent of Rs. 2000. 00 inVasundhara colony. The relations between applicant and her son-in-law were extremely cordial. From time to time he used to send greetings to the applicant on various occasions such as birthday, marriage anniversary etc. After 10-10-1997 applicant throughout remained at Dehradun and had no occasion to go to Delhi or Ghaziabad to make interference in the day to day affairs of her daughter and son-in-law. It is further alleged that in no circumstance it could be imagined that mother would try to abet