The court clarified the legal requirements for abetment of suicide under Section 306 of IPC, emphasizing the need for clear mens rea and an active or direct act to convict a person.

This revision is directed against the order dated 03.07.2015 passed in Sessions Trial No. 60/2014 by the Second ASJ, Sheopur by which charge has been framed under Sections 306, 420/34 of IPC against the petitioner.

2. The prosecution story in brief is that the deceased Jagdish Sharma was the maternal uncle of Anita, wife of Rahul. On the fateful day i.e. 14.06.2013 at about 10 O— clock, Jagdish Sharma came to the house of Anita. When she left to bring a glass of water for him, Jagdish poured kerosene on himself and immolated himself. When she came back to the room, she saw Jagdish burning. She shrieked. On her shout, her neighbours Madhusudan Sharma and one Arvind Sharma rushed in. They saw Jagdish burning. They tried to extinguish the fire. Jagdish was burnt seriously. Jagdish Sharma died due to 90% of burning. On Anitas intimation at the Police Station Vijaypur, merg No. 12/13 was registered under Section 174 of Cr.P.C.

3. During the enquiry, it was found that accused Surendra Pathak, the brother-in-law of Jagdish and his son, Ajay Pathak, on the pretext of fettering a job in Railways, they obtained Rs. 17 lacs (Rupees Seventeen Lacs) from deceased Jagdish Sharma and his son Brijmohan Sharma. They also obtained Rs. 5 lacs (Rupees Five Lacs) from Lalpat, Rs. 3 lacs (Rupees Three Lacs) from Dinesh Sharma, Rs. 10 lacs (Rupees Ten Lacs) from Vasudev Shrivash by cheating them to provide jobs. When Jagdish Sharma and other persons asked the accused Surendra Pathak and accused Ajay Pathak to refund their money, they did not return the same. Because of which Jagdish Sharma was feeling mentally harassed. On 14.06.2013, Jagdish Sharma at Surendra Pathaks house burnt himself to death. Therefore, the offence under Sections 306, 420 read with Section 34 of IPC was registered against the accused Surendra Pathak and Ajay Pathak.

4. After filing of the charge-sheet, the case was committed to the Court of 2nd ASJ, Sheopur. Learned Trial Court framed the charge under Section 306, 420/34 of IPC.

5. On behalf of the petitioner Surendra Pathak, the present revision has been filed under Section 397 read with Section 401 of Cr.P.C. with the request to set aside the impugned order and to acquit the petitioner from the charges.

6. To appreciate the provision under Section 306 of IPC. The same is reproduced here—

'Section 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.'

7. It is also necessary to understand what actually constitute abetment as defined under Section 107 of IPC.

'Section 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 doing of that thing; or

Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1 “ A person who by wilful misrepresentation, or by wilful concealment of a material facct which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2 “ Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.'

8. For proper understanding the position, it would be appropriate to understand the meaning of ' instigation' .

'Instigation is to goad, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect. Or what constitutes instigation must necessarily