IMPORTANT POINT
The court established that evidence of continuous harassment can constitute abetment of suicide under IPC Section 306.

ORDER :

(Prakash Chandra Gupta, J.) :

This criminal revision under section 397 of Criminal Procedure Code filed by petitioners/accused persons against the order dated 11-10-2019, passed by A.S.J., Tarana, Ujjain in S.T. No. 152/19, whereby the learned trial Court has framed charge under section 306 read with 34 of Indian Penal Code.

2. Prosecution story, in brief is that marriage of the deceased Parvati Bai was solemnized with the petitioner No. 1/accused Ganesh, six years before the incident. After marriage, the deceased used to live in her matrimonial house along with the petitioners and used to go to maternal house sometimes. No child was born from the wedlock of the deceased and petitioner Ganesh. Accused persons used to taunt her for the same and used to physically and mentally assault her. Accused persons had also got Tantrik Kriya done. The petitioners used to tell her that she is infertile and cannot give birth to a child, if she had died, Ganesh could marry someone else. Deceased had told her parents that she is really bothered by the petitioners and if the same continued, she will die. Parents of the deceased used to exhort her and send back to her matrimonial house. Around one month before the incident, when the deceased was at her maternal house, then too she had complained against the same for the last time. Again after being exhorted by her family members she had went back to her matrimonial house with her maternal uncle. On 8-1-2019 the deceased being abetted by the acts of the petitioners/accused persons had tried to commit suicide by burning herself by kerosene lamp/Dhibri. Thereafter, she was taken to district hospital, Shajapur by her in-laws. On the same day at 08:15 PM Naib Tehsildar had recorded dying declaration of the deceased. Accused Ram Kanyabai at 10:00 PM had called the parents of the deceased and had told them that the deceased got burnt by kerosene lamp/Dhibri. On the next day, parents of the deceased had gone to district hospital, Shajapur to check her. They found that she was not able to speak properly. But she had told them that the accused persons have harassed her a lot. Thereafter, she was referred to MY Hospital, Indore for better treatment. On 24-1-2019 the deceased died while being treated. It is also alleged that the petitioners/accused persons by intimidating the deceased have gotten her statement (dying declaration) recorded in their favour in absence of her parents at district hospital, Shajapur.

3. After death of the deceased Marg intimation was registered on the same day i.e. 24-1-2019. During Marg inquiry, dead body of the deceased was sent for post-mortem. As per post-mortem report, the cause of death was cardiorespiratory failure due to ante-mortem burns and its complications. Marg statement of the parents were recorded. After completion of Marg inquiry, an FIR was lodged on 17-4-2019 against the petitioners.

4. Learned trial Court after hearing both the parties, framed charge against the petitioners as stated above.

5. Learned counsel for the petitioners submits that, the petitioners are innocent, have not committed the offence and have falsely been implicated in the offence. He further submitted that, even if the allegations levelled against them are considered to be true, then too ingredients of abetment are not present as provided under section 107 of Indian Penal Code. Therefore, no offence under section 306 of Indian Penal Code is made out against the petitioners. Initial statement, i.e. during Marg inquiry, of the prosecution witnesses was in favour of the petitioners but same was changed in latter statement i.e. statement recorded under section 161 of Criminal Procedure Code. Therefore, statement of prosecution witnesses are not reliable. The petitioner have not abetted the deceased in any manner to commit suicide but the learned trial Court has not considered the statement of prosecution witnesses properly. There is no material to frame alleged charge against the applicant.