IMPORTANT POINT
The judgment established that for conviction under Section 306 I.P.C, there must be a clear mens rea and active instigation or intentional aid by the accused in the commission of suicide.

JUDGMENT :

1. Heard Sri Bhupendra Nath Tripathi, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A-I for the State and Sri. Prateek Tewari, the learned counsel for the opposite party no.2.

2. In application filed under Section 482 Cr.P.C-8898 of 2024, the applicant has challenged the validity of an order dated 07.06.2023 passed by the Special Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow in Criminal Case No. 64083 of 2023 (State Vs. Romit Soni) and the charge sheet dated 03.06.2022 arising out of Case rime No. 085 of 2021 under Section 306 I.P.C, P.S Mahangar, District Lucknow and in application filed under Section 482 Cr.P.C-2038 of 2024, the applicant has challenged the validity of an order dated 15.02.2024 passed by the learned Additional District and Session Judge, Court No.15, Lucknow in Session Trial No. 170 of 2024 (State of U.P. Vs. Romit Soni), arising out of Case rime No. 85 of 2021 under Section 306 I.P.C, P.S Mahangar, District Lucknow North (Commissionerate Lucknow), whereby an application filed by the applicant under Section 227 Cr.P.C for his discharge has been rejected.

3. Briefly stated the facts of the case are that the opposite party no.2 had lodged an F.I.R on 20.03.2021. stating that his husband was working as a Section Officer in the Civil Secretariat, U.P. He was found dead hanging from the ceiling inside a closed room of the house. The complainant stated in the F.I.R that her husband used to tell her that the applicant was harassing her. He had left a suicide note wherein he had held that the applicant is responsible for his suicide.

4. In the suicide note, the deceased wrote that he had paid Rs. 35 lakhs to the applicant, which he is unable to party. He wrote that the applicant was responsible for his suicide.

5. After investigation, the investigating office has submitted a charge sheet on 03.09.2022 against the applicant under Section 306 I.P.C and the trial court took cognizance of the offence by means of an order dated 07.06.2023 and summoned the applicant to face the trial.

6. The submission of the learned counsel of the applicant is that from the contents of the suicide note, no case of instigation for suicide is made out against the applicant. Besides the suicide note there is no other evidence to establish that the applicant had instigated the deceased to commit suicide.

7. During pendency of the application, the applicant had filed an application for discharge under Section 227 Cr.P.C which was rejected by means of an order dated 15.02.2024 passed by the trial court and the applicant has filed an application under Section 482 Cr.P.C No. 2038 of 2024 challenging the validity of an order dated 15.02.2024 passed by the learned Additional District and Session Judge, Court No.15, Lucknow.

8. Per contra, the learned A.G.A-I as well as the learned counsel for the opposite party no.2 have submitted that the deceased has clearly written in the suicide note that he had committed becasue of the applicant and the applicant is responsible for the same. Therefore, a case for trial of the applicant is made out and the prosecution should not be scuttle at the threshold without trial of the applicant.

9. I have considered the submission of the learned counsel for the parties.

10. Abetment of suicide is defined in Section 306 I.P.C. as follows: -

“306.Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

“Abetment of a thing” has been defined under Section 107 of the Code, which reads 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 d