The judgment established that the mere pointing out of one's illegal act does not necessarily constitute abetment to suicide, emphasizing the requirement of mens rea and active act on the part of the accused.

V.K. Bist, J.

Heard learned counsel for the parties.

2. This Criminal Revision is directed against the judgment and order 09.05.2017 passed by the learned Additional District & Sessions Judge, Tehri Garhwal, in Sessions Trial No. 16 of 2016 “State Vs. Narendra Singh”, by which the learned Additional District & Sessions Judge, Tehri Garhwal found that there are sufficient ground for framing charge against the revisionist under Section 306 I.P.C. and framed charge against the revisionist under Section 306 I.P.C.

3. Heard learned counsel for the parties and perused the lower court’s record.

4. Facts, in brief, are that, on 18.03.2016, complainant Mastan Singh lodged an F.I.R. in Police Station Kirtinagar, Tehri Garhwal stating therein that, on that day, his brother Dhirendra was alone at his home. The complainant had gone to Srinagar for some work. His mother, his wife and wife of Dhirendra had gone to the forest to fetch the wood. When they came back at around 01:00-02:00 p.m., the wife of Dhirendra went to open the door of her room, which was closed from inside. She knocked the door and asked to open the door. When the door was not opened, she saw from the skylight that her husband Dhirendra was hanging on fan. She started weeping, due to which, her family members and villagers got assembled. The husband of the Village Pradhan, namely, Bhupendra Singh was also there, who informed the Police. After arrival of Police, the door was opened in presence of the villagers and deceased was descended. From the pocket of his Paizama, two written papers were found. On those papers, he had written that cause of his suicide is harassment by Narendra Singh S/o Kesar Singh (revisionist). His brother used to say to his wife and to him that Narendra Singh used to harass and threaten him by stating that he will get his entire family behind the bar. Deceased also told him that revisionist also used to say that the papers, which were furnished by the deceased while taking the motorcycle, are fake. Due to all these reasons, his brother was compelled to commit suicide. The suicide note was sent for the Forensic Examination. The Investigating Officer, after investigation, found sufficient evidence against the revisionist and filed charge-sheet against the revisionist under Section 306 I.P.C. The learned Magistrate heard the counsel for the parties and after considering the entire record reached to the conclusion that there are sufficient reasons for framing charges against the revisionist under Section 306 I.P.C. and, thereafter, framed charge against the revisionist under Section 306 I.P.C. Hence, this Criminal Revision.

5. Learned counsel for the revisionist submitted that no case under Section 306 I.P.C. is made out against the revisionist on the basis of evidence on record. Hence, charge-sheet dated 09.05.2017 is bad in the eyes of law. He submitted that there is nothing on which basis it can be said that the revisionist had any intention or played any active role in instigating the deceased. Even prosecution also did not come up with the case that there was any mens rea on the part of the revisionist, therefore, no charge could be framed under Section 306 I.P.C. against the revisionist. He submitted that wife of the revisionist is Up-Pradhan of Village Mahargaon and the revisionist belongs to the prestigious family of the village. There has been political and election rivalry inter se the parties and the rival group belongs to the rival parties. Further, there had been previous litigation between the family of the revisionist and the members of the rival party and many times, the family members and the father of the revisionist made complaint against the father of the deceased and his family members. Due to this reason, false complaint has been lodged. He submitted that witnesses under Section 161 Cr.P.C. are the persons against whom or their family members, there were complaints by the revisionist or his father. They were involved in the di