Instigation requires direct incitement to suicide with a clear nexus; mere participation in an inquiry does not amount to abetment under IPC.

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. Heard Sri Govind Saran Hajela, learned counsel for the applicants, Sri Sher Singh, learned counsel for the Opposite party no. 2 and learned A.G.A. for the State.

2. The present application under Section 482 of Code of Criminal Procedure, 1973 is preferred by applicants for quashing charge-sheet as well as order dated 6.8.2019 taking cognizance under Sections 306, 504, 506 of Indian Penal Code and under Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before Special Judge, (SC/ST) Act, Police Station Rohania, District Varanasi in Special Session Trial No. 228 of 2019 ( Sarkar Vs. Raj Bihari Singh and others ). The above-mentioned criminal case arises out of First Information Report dated 13.3.2019 in Case Crime No. 148 of 2019 at Police Station Rohania, District Varanasi.

3. At the initial filing of present application before this Court applicants have also made a prayer for quashing of offence under Section 3(1)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, subsequently the above- mentioned order dated 6.8.2019 was corrected by order dated 21.10.2019 (copy of the aforesaid order is filed along with the counter affidavit of the informant before this Court). In view of the above-mentioned correction order dated 21.10.2019, the prayer for quashing the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is hereby substituted the prayer for offence under Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in place of Section 3(1)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. The applicants have also filed supplementary affidavit dated 16.10.2019 stating that due to clerical mistake name of applicant no. 1 namely Raj Bihari Singh @ Raj Bihari has been wrongly typed in place of Raj Bihari Singh.

5. Initially, First Information Report dated 13.3.2019 was lodged by Ratan Lal Gond against applicants and two other persons, namely, Manik Chand and Vinod Bharti Lekhpal under Sections 306, 504 and 506 of Indian Penal Code and under Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per allegations in above-mentioned First Information Report, it is alleged by informant that informant is resident of Village Bandepur, Police Station Rohaniya, District Varanasi. The informant is having land dispute with Manik Chand who is resident of same village. Some persons are trying to get the caste of informant being Scheduled Tribe cancelled in which the Area Lekhpal – Vinod Bharti in conspiracy with Village Pradhan – Raj Bihari (Applicant no. 1), Mohd Naeem (Applicant no. 3), Shiv Adhar Singh (Applicant no. 2), Lal Mohammad (Applicant no. 4) in order to get the Scheduled Tribes status of informant being declared as forged has got submitted report that informant belongs to Badbhuja caste. As a result of same, father of informant was shocked and accused persons use to abuse father of informant while on road. On account of informant being declared as Badbhuja caste, father of informant was shocked and as a result of the same on 12.3.2019 in the night committed suicide by hanging at the house of informant.

6. In pursuance to the above-mentioned First Information Report, the Investigating Officer recorded statement of informant who has supported the First Information Report allegations and has further stated that the caste certificate of informant was prepared in the year 2012 and th